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THE 

MARCH OF DEMOCRACY 


BY 

CHESTER F. MILLER 

SUPERINTENDENT OF SCHOOLS 
GALESBURG, ILLINOIS 


INDIANA EDITION 



D. C. HEATH AND COMPANY 

BOSTON NEW YORK CHICAGO ATLANTA 
SAN FRANCISCO DALLAS LONDON 



Copyright, 1926 

D. C. HEATH AND COMPANY 
2L5 


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FEB23'26 

Printed in the United States of America 


©C1A883374 

"Vvc* j 


EFFECTIVE METHODS OF STUDY 


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*2 




THE FIRST STEP IN CITIZENSHIP 

This book has been written to interest you in bet¬ 
ter citizenship. It is a well known fact that better 
citizenship is an outgrowth of a clear understanding 
of present day problems based on a knowledge of 
the origin of these problems. You will find many 
opportunities to conserve, to improve, and to pass 
judgment on the valuable material and the remark¬ 
able inheritance which has come down to you from 
the past. Throughout the March of Democracy are 
many questions, topics, individual problems, sugges¬ 
tions, and group projects planned to develop a feel¬ 
ing of responsibility when studying the struggle for 
liberty. You will find helpful the inspiring examples 
of men and women who gave much that you might 
enjoy the privileges of today. 

A study of the fundamental principles of your 
country should train you to use books effectively, 
to carry on investigations, to compare conflicting 
statements, to have respect for the opinion of others, 
and to have a thorough understanding of the value 
of cooperative effort. 

Rights and privileges 1 oT citizenship in a democ¬ 
racy carry with them real duties and responsibilities, 
iii 


IV 


EFFECTIVE METHODS OF STUDY 


At the very beginning of this study is the most op¬ 
portune time to begin to accept such duties and 
responsibilities. Citizenship is a question of forming 
proper habits. Correct habits of study are essential 
to success in school, which is an obligation you accept 
when you receive your education at the expense of 
the government. Every effort you make to become 
more efficient in your studies offers experiences that 
constitute valuable lessons in citizenship. 

There is nothing more essential to the best citizen 
than ability to investigate intelligently and reach an 
independent conclusion on public questions. Just 
as the good citizen goes about his duties in an orderly 
and efficient way, so the one who knows goes about 
the preparation of his lessons with decided advantage 
over one who begins his studying in a random and 
haphazard way. How to use your hands efficiently 
is very important but how to use your mind effec¬ 
tively is more important. Preliminary to the study 
of the growth of government suggestions are offered 
here to assist you in forming habits of study, that if 
followed will make you a better student and indi¬ 
rectly a better citizen. 

1. In planning your daily study periods have a 
regular time and place for this subject. 

2. Before you begin to study remove all disturb¬ 
ing influences that may interfere with your work; 
then begin with a strong determination to succeed. 

3. Just as athletes find it necessary to “warm 
up” before a game so the best mental workers find 
it necessary to go through a “warming up” process 


EFFECTIVE METHODS OF STUDY V 

to get into the swing of study. The length of this 
process depends upon the energetic start. The more 
time you take for the "warming up” process the 
longer it will take to master a lesson. 

4. Begin studying with a rush. Get a flying start. 
At the next athletic contest watch the players to see 
if there is anything done there that can be applied 
to preparing lessons. 

5. Know exactly what is to be studied. Be sure 
you understand the assignment of the lesson and 
study as soon after it is made as possible. Know 
the information you are to find and what use you 
are to make of it. 

6. Think over the main points of the previous 
lesson, then keeping in mind the general idea, ask 
yourself what you expect to get from this lesson. 

7. Bead headings and heavy black type to see if 
they forecast the content of the lesson. Watch for 
other indications of main ideas often called "sign 
posts.” 

8. Bead over the entire assignment rapidly in 
order to get a general idea of the lesson. This gives 
you a preliminary bird’s-eye view and an oppor¬ 
tunity to select the high spots in thought before a 
deliberate second reading. 

9. Bead the lesson again, this time deliberately 
and thoughtfully in order to get the details that 
support the big ideas secured from the first reading. 
Do not pass up any unfamiliar words or references. 
Make a list of the things you do not understand and 
look them up. 


Vi EFFECTIVE METHODS OF STUDY 

10. Organized work is always the most effective. 
Outline and underline the parts that are important 
and carry out the assignment. Such work is eco¬ 
nomical because it assists in the learning process. 

11. Test yourself by trying to recite the contents 
of each paragraph without looking on the book. In 
other words, tell the story of the lesson to yourself. 
If you fail, study the lesson until you succeed. 

12. Run over the whole lesson immediately after 
study because the laws of learning teach us that 
recall immediately after study is economical. 

13. Spend as much time in thinking about your 
lesson as in reading about it. 

14. Always keep in the foreground the fact that 
every sentence in this book contains information 
related in some way to your citizenship. Add some 
thinking to all that is developed. It is always wise 
to use the ideas developed in some problem of your 
own. 

15. Ask yourself questions and try to determine 
the questions which the author tried to answer. 

16. Study the same lesson at different times. 

17. Before you go to class think over the lesson 
again. 

18. A review of the right kind should give you a 
“new view.” The laws of learning teach that fre¬ 
quent and systematic reviews make learning per¬ 
manent. 

Remember—you are not studying just because 
a lesson is assigned. Make the best of your oppor¬ 
tunities. 


CONTENTS 


Chapter One—Responsibilities of 
Citizenship 

PAGE 

Our Obligation to Society. 1 

Conservation of Health. 4 

Worthy Home Membership. 6 

Vocational Outlook. 7 

Respect for Our Laws. 9 

Cooperation in Law Enforcement.11 

Political Consciousness.13 

Habit of Public Service.15 

American Ideals and Respect for the Flag ... 17 

Chapter Two—Good Citizenship Requires 
a Study of the Development of the 
Constitution 

The Place of Education in Government .... 22 

Constitution—The Background of Citizenship . . 23 

Periods of Development.24 

Chapter Three—The Growth of Government 
in Indiana 

Indiana To-day and Yesterday.26 

An Unknown Territory.28 

Georgie Rogers Clark.28 

First Government Established.29 

Virginia’s' Cession.29 

Public Land Surveys.30 

Ordinance of 1787 . 31 

Territorial Growth and Expansion.34 

Indiana a State (1816).35 

vii 
















Vlll 


CONTENTS 


PAGE 

The First Constitution (1816).36 

Locating the Capital.37 

The Need for a New Constitution.41 

The Constitution of 1851.42 

Chapter Four—Constitution of Indiana, 1851 . 45 

Chapter Five—H ow Indiana Serves Its People 

The Course of Social Progress.115 

Collection and Expenditure of Funds . . . .116 

Conservation of Life.119 

Conservation of Property.120 

Conservation of Resources.120 

Conservation of Health. .121 

Promotion of Agriculture.122 

Building of Highways.123 

Guarding the People’s Interests.123 

Efficiency in the Professional Service .... 124 

Legislative Reference Bureau.125 

The State Library.125 

The Public Library Commission.126 

Social Organization.126 

Educational Opportunity for All.127 

Chapter Six—A Summary of the 
Constitution 

Congress.131 

The Senate.133 

The House of Representatives.135 

The Executive Department.140 

The Cabinet.143 

Presidential Succession. 147 

Chapter Seven—The Judicial Department 

The Supreme Court.151 

Inferior Courts.153 

Amendment of the Constitution.154 
























CONTENTS ix 

Chapter Eight—The Unwritten Consti¬ 
tution 

PAGE 

Expansion by Court Interpretation.159 

Implied Powers.163 

Restraining the Power of Interpretation . , . 165 

Development by Custom.167 

Chapter Nine—United States Citizenship 

How an Alien May Acquire Citizenship . . . 172 

Process of Naturalization.172 

Validity of Naturalization in the United States . 174 

Chapter Ten—Mayflower Compact with 
Comments 

Text of the Compact.178 

The Compact Not a Constitution.179 

Chapter Eleven—Declaration of 
Independence 

Preamble.180 

Statement of the Unjust Acts of the King . . . 181 

Statement of the Remonstrances of the Colonists . 183 

Real Declaration of Independence.184 

Signatures.185 

Chapter Twelve—The Constitution with 
Comments .187 

Chapter Thirteen—Full Honors to Our 
Flag 

Code of the Flag.234 

Cautions.238 

Proper Use of Bunting.240 

Federal Flag Laws.241 
















Independence Hall, Philadelphia, Pa. 













THE MARCH OF DEMOCRACY 

CHAPTER ONE 

RESPONSIBILITIES OF CITIZENSHIP 

Good citizenship is something more than loving 
one’s country and being proud of it. It is something 
more than observing our patriotic holidays and 
merely cheering the flag when it passes on parade. 
Good citizenship is not what we say about our coun¬ 
try but what we do for our country. The more we 
study our history and realize the sacrifices which 
made the nation what it is to-day, the more we 
should feel obligated to strive in every way to fit 
ourselves to make return for the privileges we enjoy. 

The Constitution grants certain rights which give 
each citizen a heritage unequaled by that of any 
other nation. “Every right and benefit we receive 
from the community or nation must be offset by a 
corresponding duty and paid for by the performance 
of that duty.” Government does not begin at 
Washington or with the politician or the governor 
or the mayor, but it begins at home with you and 
me. 


Our Obli¬ 
gation to 
Society. 


1 



Capitol of the United States, Washington, D.C. 


















RESPONSIBILITIES OF CITIZENSHIP 3 

The story has often been told of the man who 
visited Washington, D.C., on a summer evening 
and saw the reflection of the setting sun on the 
towering marble of our country’s Capitol. He 
thought of the tremendous significance of the armies 
and the treasury, and the judges and the President, 
and the Congress and the courts and all that was 
gathered there. Moved by the sight of the home 
of our Republic, he said, “Here is my Government 
in all its majesty.” Then in a vision he beheld a 
vista of open country, fields of ripening grain, for¬ 
ests, mountains, homes, villages, and cities. It was 
evening in all of these places; the people were re¬ 
turning to their homes after the day’s work. The 
great dome of the Capitol stood out above all in 
magnificent splendor. But this time the sunbeams 
were golden threads leading from the dome of the 
Capitol to each man, woman, and child in each home. 
His vision was a full realization of citizenship in a 
democracy, and he said: “Surely here in the homes 
of the people lodge at last the strength, and the 
responsibility of this government, the hope and the 
promise of the Republic. Here is its majesty and 
strength. Here is the beginning of its power and the 
end of its responsibility.” 

If in adult life our golden thread is broken by 
abuse of privilege, by inactivity, by scheming poli¬ 
ticians, by lack of law enforcement, we alone are 
to blame for not exercising or striving to reclaim 
our rights of citizenship. Such rights and duties 
begin in childhood and reach their full realization 


4 


THE MARCH OF DEMOCRACY 


Conser¬ 
vation of 
Healtli. 


in worthy citizenship as we grow in knowledge and 
responsibility. 

We live in a nation that grants equal rights and 
offers equal opportunities to its citizens. The obli¬ 
gation of insuring progress and prosperity, the 
perpetuation of the principles set forth in our con¬ 
stitution, the substitution of the gospel of right for 
that of indifference and cowardice requires the seri¬ 
ous attention of every American citizen. 

The safety of our country is not merely in laws 
or legislation, but in the men and women who are 
willing to put service before self-interest. 

“Sad will be the day,” wrote Phillips Brooks, “for 
any youth when he becomes absolutely contented 
with the life he is living; with the thoughts he is 
thinking, and the deeds he is doing; when there 
is not forever beating at the door of his soul some 
great desire to do something larger which he knows 
he was meant and made to do.” 

On our health depends our usefulness and our 
ability to count for something to the nation. As 
we are preparing our minds for the test of citizenship 
we should also be building up a physical reserve to 
stand the test of strenuous competition. Disregard 
for the laws of health leads to disappointment and 
the blasting of high hopes for public usefulness. 
Our good health means saving trouble to our family, 
our friends, and our employer. If we are careless 
in this respect they are cheated, and in cheating 
them we cheat the nation. 


RESPONSIBILITIES OF CITIZENSHIP 5 

Health is real wealth; consequently a nation en¬ 
deavors to conserve the health of its citizens as the 
most vital of its resources. The greatest asset of a 
nation is its strong men and women—those effective 
during a long working life. It is estimated that 
preventable illness in a single year costs the nation 
$1,800,000,000, and that 42 per cent of the deaths 
could be reasonably postponed. The World War 
brought to our attention the alarming fact that we 
are deficient in education and common health, not 
only in the big cities but also to a greater degree 
in the country districts. 

Citizenship requires more than merely keeping 
well; it requires a type of physical efficiency that 
enables one to be calm, poised, direct, and accurate. 
In aristocracies of the past a few have said, “We 
are best; therefore we shall rule.” The best usually 
meant those superior in physical strength, because 
the ruling class depended largely on physical force 
to maintain itself. Democracies arose and selected 
their leaders on the basis of mental and physical 
efficiency to carry out the will of the people. 

In a democracy a premium is likely to be placed 
on the mental development of all of its people, 
while the physical development, being regarded as 
secondary, may be neglected and consequently de¬ 
cline. To-day many young men and women must 
face the problem that superior educational develop¬ 
ment without the physical reserve to sustain it is 
an economic loss to the nation. 


Worthy 

Home 

Member¬ 

ship. 


6 THE MARCH OF DEMOCRACY 

Good citizenship begins at home. A home is a 
cooperative institution. The assigning of tasks and 
their successful completion is the beginning of the 
formation of habits that are reflected in larger citi¬ 
zenship. The American family group gathered 
after the evening meal, each engaged in his task 
for improvement or for pleasure, at times discussing 
their common problems, is the most fundamental 
of democratic institutions. In the ancient days part 
of the education for citizenship that corresponds to 
our high school training consisted in listening to and 
participating in the discussions of the elders. 

Young people sometimes think their parents task¬ 
masters because they require strict obedience in 
the correction of personal habits. Obedience under¬ 
lies all other lessons and is the principal duty of 
the young. The adult is required to obey more 
strictly than his children, for there are duties, obli¬ 
gations, and responsibilities in living which cannot 
be disobeyed without loss of position, property, and 
even life. The young person who is a law-abiding 
citizen in the home can be expected to become a 
law-abiding citizen of the country. 

Worthy home membership requires respect for 
the rights of others. This is a fundamental prin¬ 
ciple of our very existence as a nation. Laws and 
requirements of society are made to protect those 
who are most respectful of the rights of others 
and are usually regarded as most unjust by those 
who are inclined to disobey them. The neglect of 
home duties may seem trivial, but in neglecting 


RESPONSIBILITIES OF CITIZENSHIP 7 

such duties we form habits which may later tend 
toward an unworthy citizenship. 

As worthy home membership requires coopera¬ 
tion, self-sacrifice, and the occasional giving up of 
some individual rights, so a successful democracy 
expects of its citizens the sacrifice of some individual 
rights for the good of the nation. 

An American citizen should be eager to do some¬ 
thing worth while in a nation offering a thrill of 
amazing growth, teeming with possibilities and rich 
in resources. Such a heritage should create a desire 
in the heart of every youth to catch the spirit of 
this inspiration and participate in the nation’s 
greatness. We see around us wonderful opportuni¬ 
ties wherein men of superior natural ability have 
achieved success. We are not hampered by class 
distinctions or prejudices. We are free to accept 
the challenge to compete for the most responsible 
positions in America. If we search the biographies 
of our great men, we will usually find two things 
in common. First, they came from good homes but 
homes of moderate circumstances; second, they were 
uncertain regarding their future vocations. Posi¬ 
tions, ownership, and even control await the young 
men and women who are fit and willing to make 
the fight for success. 

Selecting a vocation is a very serious and vital 
matter. It takes continuous thought, study, and 
contact with successful men and women in selected 
lines of work. It requires a thorough analysis of 


Vocational 

Outlook. 


8 THE MARCH OF DEMOCRACY 

our special fitness and a search of the requirements 
of the vocations. 

Too often people find themselves unfitted and 
fail in their life’s work after years of preparation 
because a selection was made without thorough in¬ 
vestigation. Macaulay has said, “The world gen¬ 
erally gives its admiration not to the man who 
does what nobody else ever attempted to do but 
to the man who does best what the multitudes do 
well.” Many of our most prominent men and 
women have attained success by methods so simple 
that we often wonder why they were not apparent 
to others long ago. We are surrounded by oppor¬ 
tunities for success. Russell H. Conwell, in his 
“Acres of Diamonds,” tells the story of Ali Hafed, 
a wealthy Persian farmer, “contented because he 
was wealthy and wealthy because he was con¬ 
tented.” One day he was visited by an ancient 
Buddhist priest who first told him of diamonds and 
what they would buy. Ali Hafed, although having 
lost none of his property, “went to bed that night 
a ‘poor man’ because he was discontented and dis¬ 
contented because he feared he was poor.” His 
growing discontentment caused him to sell his farm 
and wander throughout Asia and Europe in search 
of diamonds. Finally penniless, afflicted, suffering, 
and dying, he could not resist the temptation to 
throw himself into the Bay of Barcelona in Spain. 
The man who had bought Ali Hafed’s farm was 
one day watering his camel in the garden and dis¬ 
covered a magnificent stone which he placed on the 


RESPONSIBILITIES OF CITIZENSHIP 9 

mantel in the drawing room. There the stone was 
seen by the same priest who had caused Ali Hafed’s 
discontentment. Hurrying to the stream they dis¬ 
covered more diamonds in the sand. Eventually 
the garden developed into “the most magnificent 
diamond mine in the history of mankind.” Since 
that time every acre of that farm has yielded dia¬ 
monds. This story teaches us that many times we 
fail to recognize a big opportunity in the common¬ 
place things of our own immediate surroundings. 

It is not necessary to go into a far country or to 
seek a large city in which to succeed. Many suc¬ 
cessful men have made a city out of a village. 

“Youth is the workshop where the men and 
women of the next generation are built.” People 
who accomplish the most are those who work with 
definite purpose. Youth, then, is the time to select 
an aim in life and leave no stone unturned in the 
pathway that leads to success. 

Time wasted during the years of preparation does 
not enable us to realize the extent of our possi¬ 
bilities. The highest position in America is open 
to the person who has the vision to achieve it. This 
is an inspiration to the noblest ambition and should 
be the goal of every American. 

Laws are the results of the experience of the Respect 
generations which have gone before. Ours is a for0ur 
“Government of Laws and not of Men.” The Bible Laws * 
tells us that, when “every man did that which was 
right in his own eyes,” there was anarchy in the 
land. This fact handed down from generation to 


10 THE MARCH OF DEMOCRACY 

generation warns us that the very existence of our 
nation depends on our attitude toward, and respect 
for, law and order. 

Our nation is founded on the principle that its 
citizens submerge their personal desires to those of 
the majority when it is for the welfare of all. It 
is not for us to judge and criticize our government 
thoughtlessly. Good citizenship springs from an 
understanding of the necessity for laws planned and 
imposed by representatives of the majority. 

The public will is expressed in law. The duty 
of a citizen to obey the law involves the duty of 
placing the good of the whole above that of the 
individual. We must realize that the individual is 
a member of the whole group and that his welfare 
is better protected when considered in reference to 
the welfare of the whole. Because some one else vio¬ 
lates a law and is not caught or is shrewd enough 
to violate the spirit of the law and still avoid the 
penalty, that is no excuse for us to ease our con¬ 
science when contemplating an act unworthy of a 
citizen. 

The machinery of government and its depart¬ 
ments of law enforcement remove from the indi¬ 
vidual much of the responsibility for protecting 
himself. They also give him freedom to live 
his own life, as long as he does not interfere with 
the rights of others. In return for these privileges 
the good citizen willingly accepts his responsibilities. 
When citizens fail in their duties to their country 
the nation fails. 



RESPONSIBILITIES OF CITIZENSHIP 


11 


There are insidious forces continually opposing 
authority and threatening our rights, privileges, and 
liberty by establishing precedents not in conformity 
with the spirit of our Constitution. This challenge 
to authority must be met with fearlessness by men 
and women who as boys and girls respected the au¬ 
thority of the home, the school, and the church. An 
increased number of laws do not necessarily develop 
a law-abiding spirit. In fact, fewer laws rigidly 
enforced are productive of better results. The spirit 
of escaping punishment through the services of 
skillful lawyers, leniency of judges, or political in¬ 
fluence is not the spirit of the true American citizen, 
but it is the spirit that will surely break down con¬ 
stitutional government. 

A great obligation rests on us because the success 
or failure of representative government, regarded as 
the hope of other nations of the world, depends 
largely upon the manner in which we preserve our 
Constitution. 

A few statistics should incite every young man 
and woman to do his or her part as a citizen to curb 
the breakdown in respect for the laws that insure 
protection of life, liberty, and property. In 1912 
our Federal Court with its limited jurisdiction con¬ 
sidered 9503 criminal indictments; last year this 
number increased to over 80,000. 

Casualty companies report that losses paid for 
burglary alone had grown from $886,000 to over 
$10,000,000 in the last six years. 

In one large city alone five thousand automobiles 


Coopera¬ 
tion in 
Law 
Enforce¬ 
ment. 


12 THE MARCH OF DEMOCRACY 

were stolen in a single year. Burglaries have in¬ 
creased 1200 per cent in number in the last decade. 
Why? Because the serious obstacle in law enforce¬ 
ment arises from the attitude of law-abiding citizens. 
When called to aid in the enforcement of the law 
many citizens are not conscientious regarding the 
means they use to escape their duty. 

Sympathy for the accused, newspaper publicity, 
and disregard for the rights of citizens who are law- 
abiding engender further lawlessness. The Consti¬ 
tution provides, “In all criminal prosecutions the 
accused shall enjoy the right of speedy trial.” Few 
criminals to-day “enjoy” this privilege as the makers 
of the Constitution intended. Yet it is a well- 
known fact that delay is not for public benefit and 
is an additional expense to law-abiding citizens. 

We spend approximately six times as much for 
crime as we do on the education of all the children 
in all of the public schools in the United States. 
Rigidly enforcing the law and reversing the ratio 
of expenditure so that six times as much is spent 
for constructive citizenship as is spent for crime 
should undoubtedly contribute to the general wel¬ 
fare. Not a single clause of the Constitution 
directly defines the duties of citizens. The docu¬ 
ment is a summary of the rights of citizenship. 
For our own welfare we have learned that the rights 
of one’s property impose the duty of protecting the 
property of others; that the right to pursue happi¬ 
ness deserves the duty of insuring the happiness of 
others; that the right of freedom enjoins us to pre- 


RESPONSIBILITIES OF CITIZENSHIP 13 

serve that freedom and the freedom of others by 
using our influence to punish those who are not law- 
abiding. “Remove not the ancient landmark which 
thy fathers have set” is a challenge to the next gen¬ 
eration not only to oppose revolts against authority 
and carelessness in law making but also to use every 
influence to cooperate in rigid enforcement of the 
laws which protect us. 

In some of his letters Theodore Roosevelt tells Political 

of his first experiences in ward politics. “None but Conscious - 

ness. 

the roughs and professional politicians go there; 
our people do not mix in these affairs,” said his 
friends when he announced that he was going to a 
political meeting. “Then,” said Roosevelt, “you 
do not belong to the governing class in this country. 

So far as I am concerned I intend to belong to the 
governing class.” The life story of this remarkable 
American is a challenge to every American citizen 
who is determined to exercise the privileges of his 
birthright. This spirit of “letting the politicians do 
it” surely is a dangerous one, because it is a step 
toward a dictatorship either of an aristocracy or of 
the proletariat. 

Almost half of our citizens eligible to vote fail 
to go to the polls on election day. About 50 per 
cent of the electorate voted before women were 
enfranchised and about 50 per cent of the electorate 
has voted since women were given the privilege. In 
1896, 80 per cent of the qualified citizens voted in 
the presidential election; in 1900, 73 per cent; in 
1912, 62 per cent; in 1920, 49 per cent; in 1924, 



Theodore Roosevelt 












RESPONSIBILITIES OF CITIZENSHIP 


15 


52.8 per cent. The potential voting strength of 
the United States is now about fifty-seven millions, 
and the vote of approximately thirty millions cast 
in 1924 allows a bare majority to rule. In one 
state only eight per cent of the voters went to the 
polls in the presidential election of 1924. 

When voters say, “My one vote will not affect the 
result,” tell them that twelve times out of thirty- 
four a president has been elected by a minority of 
the popular vote. Tell them that every time a 
qualified citizen refuses to vote, he loses his identity 
as an American citizen, and his vote may be one of 
the few to decide between a desirable and an un¬ 
desirable administration. 

There is not enough money in existence to buy 
the vote of a true American citizen. The privilege 
of the ballot is a priceless heritage not to be bartered 
away for favor, for friendship, or for gain. The 
intelligent ballot of the intelligent, patriotic voter 
is the very life blood of a nation such as ours. It is 
our duty to engage in this “game” of politics and 
see that no one wins by default. 

The real patriot, the responsible citizen, must be 
willing to dedicate a part of his time to the welfare 
of the nation which makes his success possible. In 
one of our large cities 380 business men were called 
for jury service and 379 perjured themselves out of 
the jury box. If justice is to come through the 
courts, our best citizens must obey the call to 
service. 

A good citizen’s obligation does not stop with 


Habit of 

Public 

Service. 


16 THE MARCH OF DEMOCRACY 

simply obeying the laws and paying his just taxes. 
There is a call for community service, cooperation 
in Boy Scout work, Red Cross, Civic Clubs, Associa¬ 
tions of Commerce, Civic Welfare associations, the 
city beautiful movements, and in fact all enter¬ 
prises that make our city a better place in which 
to live. 

When a worthy cause is promoted money is the 
easiest thing to give, but the best citizen gives 
also of his time and thought. Every exceptional 
city, every big institution, college, library, or church 
has as a part of its history the story of a man or 
woman or of a group that had a vision of greater 
service to their fellow man. Perhaps at one time 
the realization of this vision seemed impossible, but 
the same determination that produced the Constitu¬ 
tion and the fundamental institutions of America 
dominated the effort to realize it. To-day we can 
rarely visit an American city, however small, with¬ 
out seeing evidences of such leadership. 

This, then, is the spirit that we have inherited 
and it remains to be seen how well we accept the 
challenge. There would be little occasion to be 
concerned about the future of our nation if every 
boy and girl in America to-day were a living ex¬ 
ample of these words of Daniel Webster: 

“I shall know but one country! The ends 
I aim at shall be my country’s, my God’s, and 
truth’s.” 

“I was born an American; I lived an Ameri¬ 
can; I shall die an American, and I intend to 


RESPONSIBILITIES OF CITIZENSHIP 


17 


perform the duties incumbent upon me in that 

character to the end of my career.” 

To-day, more than at any other time in our his¬ 
tory, we need a nation of such Daniel Websters who 
will perform the duties of American citizenship 
with determination and without prejudice. 

Justice and idealism have always followed the 
American flag as an inspiration to the patriot and 
as an emblem of hope to the oppressed. 

The story of our flag is a story of the nation 
itself, its noble aspirations, and the achievements 
of its people. 

Henry Ward Beecher said, “A thoughtful mind 
when it sees the flag sees not the flag but the 
nation itself.” 

Around the flag cluster thoughts of loyalty and 
of personal sacrifice which have enabled us to move 
forward from the day when each struggled for him¬ 
self alone. 

The flag is fundamental, yet it represents an ex¬ 
panding, growing nation. Its stripes represent the 
thirteen original states. Its stars indicate the ex¬ 
isting states and point toward the future. 

The flag represents varied ideals in the hearts 
and minds of its citizens in accordance with their 
experiences and deepest emotions. 

To the foreigner who comes to our shores it 
means hospitality, freedom, equal opportunity to 
compete with his fellow man, free education for 
his children, the right to own property and improve 
his station in life. 


American 
Ideals and 
Respect 
for the 
Flag. 



Betsy Boss Making the First Flag 








RESPONSIBILITIES OF CITIZENSHIP 19 

To the vast majority it means that “our govern¬ 
ment shall stand between labor and capital, between 
the weak and the strong, between the individual and 
the corporation, between want and wealth, and 
give and guarantee simple justice to each and all.” 

To the ex-service man it has a strange and 
precious meaning of supreme sacrifice, of battles he 
hopes to forget, of deeds of heroism to save a 
nation or to establish further ideals. 

To foreign countries and down-trodden people it 
has brought our spirit of democracy, our principles 
of personal freedom, and relief to the oppressed. 

To the citizen traveling or residing in foreign 
lands it means that the far-seeing eye of the gov¬ 
ernment back of our flag will look into the remotest 
parts of the world and demand his safety. He 
knows that if necessary our flag will come, backed 
by the resources at its command, to show to all 
mankind that disrespect to a citizen is disrespect to 
his flag and to the nation for which it stands. 

To-day it goes on a world mission creating good 
will; to-morrow it may go on a stern mission de¬ 
manding justice. 

Yesterday a President recognized the value of the 
Boy Scout movement and gave it national sanction ; 
to-day Congress recognized equal rights for women 
and settled for all time the question of woman’s 
equality in government. 

It is a wonderful flag that does glorious things 
for the benefit of humanity. 

The government represented by our flag is ever 


20 


THE MARCH OF DEMOCRACY 


on the alert to guard the rights of its citizens native 
and naturalized, offering increased opportunities 
to every one regardless of birth, race, or social con¬ 
ditions. 


Questions 

To the Pupil: 

1. Define good citizenship. 

2. Discuss the responsibilities of citizens in a democracy. 

3. Show how keeping physically fit is largely a matter of 

habit. 

4. Why should a government be concerned with the health 

and education of its citizens? 

5. Discuss the home as a maker of good citizens. 

6. Why is it becoming increasingly more important for a 

young person to make a study of the vocations before 
making a decision? Why should the government be 
interested? 

7. Show how new laws are made and indicate the part the 

good citizen has in their making. 

8. When laws are made, what are the obligations of the 

citizens? 

9. Show how the person who thinks of himself and his own 

interests first is not a good citizen. 

10. Memorize the words of Daniel Webster quoted in this 

chapter. 

11. Discuss each of the following topics and show how each 

contributes its part in forming the habits necessary to a 
good citizen: (a) Saluting the flag; (6) Rising when the 
National Anthem is played or sung; (c) Ability to in¬ 
telligently discuss current events; ( d ) Obeying the rules 
and regulations of the school; (e) Cooperating in carry¬ 
ing out and supporting the wishes of the majority in 
your own club; (/) Evaluating newspaper material and 
reading editorials; (g) Accepting the decision of a ref¬ 
eree courteously; ( h) Discouraging acts of organized re- 


RESPONSIBILITIES OF CITIZENSHIP 


21 


bellion against authority; (i) Knowing the rules of a 
game and playing it so that disputes are avoided; (j) 
Reporting serious offenses to proper authorities. 

Things to Do: 

1. Collect and bring to class for discussion editorials, news 

items, special articles, posters, and cartoons which em¬ 
body appeals to seriously consider the responsibilities 
of citizenship. 

2. Make a list of the various agencies engaged in the social 

work carried on in your community. Interview the 
person in charge of such an organization and report to 
the class. 

3. Choose a vocation and show the training required, the 

possibilities for success, in fact all the steps necessary 
to reach the position of highest responsibility in it. 

4. Make a list of the things your city, state, and federal 

governments are doing for you. 

5. Using newspapers in class, discuss the relative merits of 

the contents with reference to the essentials of good 
citizenship set forth in the chapter. 

6. Further exercises in citizenship for stimulating class dis¬ 

cussion and training in making decisions vital in the 
life of every citizen can be had by using “Tests in 
Citizenship” by Chassell and Chassell (Bureau of Publi¬ 
cations, Columbia University). The problems are pre¬ 
sented in story form with judgment questions aiming 
at the thoughtful consideration of the problems of 
Honesty, Thrift, Self-control, Civic Responsibility, Fair 
play, Perseverance, and Trustworthiness. 

Helpful and Inspirational Books: 

Dunn—“Community Civics for City Schools” 

Dunn—“Community Civics and Rural Life” 

Bok—“Americanization of Edward Bok” 

Hale—“Man Without a Country” 

Riis—“The Making of an American” 

Hagedorn—“You are the Hope of the World” 


CHAPTER TWO 


Place of 
education 
in govern¬ 
ment. 


GOOD CITIZENSHIP REQUIRES A STUDY OF THE DEVEL¬ 
OPMENT OF OUR CONSTITUTION 

The greater portion of the people of the world 
have no choice in selecting their governors. In 
such countries there are two school systems. One 
educates those who are to rule and the other those 
who are ruled. The educational opportunity which 
a child receives is determined by birth and social 
position. The “high born” are given a complete 
education in one school system. The “low bom” 
attend a different system and receive but a meager 
elementary training completed at an early age. 

The “low born,” or the people destined to be 
followers, do not study the fundamental principles 
of government. They are deliberately trained to 
be good, hard-working, industriously efficient, law- 
abiding subjects, content to plod along in an un¬ 
changing groove without having their curiosity 
aroused about the origin and the operation of their 
government. 

In America we are really the governors ourselves 
and we must be trained to know the meaning of 
true liberty, to exercise the rights of a ruling citi¬ 
zenship, and to know the value of industry, of 
courage, and of character. 

22 


GOOD CITIZENSHIP 


23 


In early childhood we have only a personal in- The 
terest and cannot forget our own selfish desires 
however much they interfere with the rights of of citizen- 
others. As we grow older we know well that it is shi P* 
the contacts we make with our parents, our neigh¬ 
bors, our friends, our schoolmates, our civic institu¬ 
tions, and our surroundings which make us what 
we are. Every association should have a tendency 
to mold us into better citizens. If we think back 
over our lives, we realize that we have passed 
through an evolution in the formation of habits to 
reach our present state of citizenship. In a similar 
way our nation has grown because our nation is 
composed of individuals such as ourselves. Our 
nation is a product of the Anglo-Saxon race. This 
race has the distinction of developing a capacity 
for self-government and for creating the free insti¬ 
tutions which we have inherited. 

Our religion is presented to us in historical form, 
and we enjoy studying the story of its fundamental 
principles and the sacrifices that made it an estab¬ 
lished religion. 

Similarly we must study the story of the develop¬ 
ment of our Constitution, creating a background 
before we study this great document itself. “Prece¬ 
dents like cobblestones pave the pathway to the 
Constitution,” and that pathway reaches far back * 
to the beginning of the struggle for personal liberty. 

It will be a matter of the highest interest to know 
how our government was created, how it operates, 


24 


THE MARCH OP DEMOCRACY 


Periods of 
Develop¬ 
ment. 


and how it may be made the means of further 
progress in promoting the general welfare. 

A great journalist writing on the Constitution 
said, “Almost every provision in that instrument 
has a history that must be understood before the 
brief and sententious language employed can be 
comprehended in the relations its authors in tended.” 

It is with these principles in mind that we concern 
ourselves with the historical background and trace 
the development of the Constitution through its 
various stages until we study in their original form 
this and other great documents of liberty. 

THE GROWTH OF THE CONSTITUTION 

The form of government under which we live is 
not the work of a day, nor is it the work of any one 
man or any one body of men. It is the outgrowth 
of long experience. It is the product of a gradual 
evolution through a period dating far back in his¬ 
tory. As we follow the growth of the Constitution, 
through the successive steps by which it was formed, 
we shall try to emphasize the underlying principles 
which, slowly but steadily, led the colonies to form 
a firm and lasting union and which have made the 
America of to-day one of the greatest governments 
of all time. 

Broadly speaking, the story of the growth of the 
Constitution may be divided into three periods, 
although each period is related to the one following 
so that no definite line of demarcation can be drawn 
between the different periods. 


GOOD CITIZENSHIP 


25 


Questions 

To the Pupil: 

1. Why is ignorance of the Constitution a real danger to us? 

2. If our fellow citizens are in ignorance of the enforcement 

and the violation of the Constitution, can it affect our 
liberty ? Why ? 

3. Why concern ourselves about understanding the Constitu¬ 

tion when others in authority will do that for us? 

4. Imagine that all the copies of the Constitution in exist¬ 

ence were destroyed. On what basis would we continue 
our government? Why? 

5. A good business man will not become a party to a con¬ 

tract without a thorough investigation, and in the case 
of real estate traces the history of the transaction back 
to government ownership, (a) Show how the govern¬ 
ment as a party of the first part and you as a party of 
the second part form a Personal Liberty-Insurance 
Contract. (6) Why is it good business policy, regard¬ 
less of your duty as a citizen, to investigate what the 
government expects of you? (c) Show why the govern¬ 
ment is justified in expecting returns to the best of your 
natural ability. 

6. Show how each generation can furnish the material which 

enables the one following to make more progress. 

7. What object do business houses, life insurance companies, 

and banks have in using with their advertising material 
reproductions of famous documents and pictures of 
meetings and of men preparing such documents? 

Things to Do: 

1. Find the history of some local custom or institution and 

show how this knowledge gives you more interest in it. 

2. From your grandparents get a description of the schools 

they attended and the subjects taught. Using this in¬ 
formation in comparison with your school, show how 
their experiences were of service in giving you superior 
advantages. 

3. Debate—Knowledge of the Constitution and its develop¬ 

ment is quite as essential to good citizenship as knowl¬ 
edge of the rules of a game before playing it. 


CHAPTER III 


Indiana 

To-day 

and 

Yesterday. 


THE GROWTH OF GOVERNMENT IN INDIANA 

As we journey through the state of Indiana to-day 
over its nine thousand miles of railroad, its two 
thousand miles of interurban electric lines, or in 
an automobile over its forty thousand miles of im¬ 
proved roads we can scarcely realize that here less 
than two hundred years ago was a land untouched 
by civilization. 

Wild animals, wild flowers, and wild birds were 
everywhere. Fish of many kinds swam its streams. 
Nature favored the wild life of that day much as 
she has made prosperous the civilized life of to-day. 
Seasons came and went, but no one was here to 
plant or to harvest. The hand of man had not 
transformed this country of marvelous natural 
beauty. 

The roads on which we travel were blind trails 
made by the wild life and the buffalo. Later the 
warrior followed the same paths which long since 
were not sufficient to answer the needs of civilized 
man. Within a comparatively few years, ninety- 
four per cent of this territory known only to the 
Indians, a total of more than twenty-three millions 
of acres, has been transformed into farm lands. Log 
cabins have become modern residences. Railways, 
automobiles, and electric cars have driven first the 
26 


THE GROWTH OF GOVERNMENT IN INDIANA 27 

oxen and then the horse from its highways. The 
deer, the elk, the buffalo have long since disappeared 
and in their stead we see fine herds of cattle, flocks 
of sheep, and droves of hogs in the fields. Instead 
of prairie grass we see miles and miles of wheat 
and oats and corn. 

The hand of civilized man has surely transformed 
this land. The age of the machine has brought 
wonderful changes on the farms, in the cities, and 
on the streams. Occasionally we come to a city 
with its skyscrapers, its theaters accommodating 
thousands, its electric lights, its water system, its 
garages, its great factories, its warehouses, and its 
stores. Indeed, here is a prosperous state where 
live over three millions of people with a wealth of 
nine billions of dollars. Here are schools and col¬ 
leges to train the youth for more efficient and useful 
citizenship. 

But even more marvelous than these changes on 
the farms, and in the cities, is the way in which 
people during a period of such growth and amidst 
such prosperity have governed themselves in har¬ 
mony. Business has been revolutionized at times 
to the point where disaster seemed certain. Great 
enterprises have come into existence, served their 
purpose for a period, and disappeared. But our 
form of government has weathered all such difficul¬ 
ties. It is indeed interesting to study the develop¬ 
ment of territorial and state government. Some¬ 
times we feel that, no doubt, some of our fore¬ 
fathers dreamed of a state such as Indiana, and this 


28 


THE MARCH OF DEMOCRACY 


An Un¬ 
known 
Territory. 


George 

Rogers 

Clark. 


vision guided their plans. In other ways, too, In¬ 
diana was fortunate because she was one of the 
states used as a model for our system of state govern¬ 
ment growing from territorial government. Her 
history, then, becomes in general the history of 
every western state government. 

When the mainland of America was discovered 
and a charter was granted to the Virginia Company 
the people in England little realized the extent of 
the territory in America. In this grant much of the 
present territory composing Indiana was claimed by 
Virginia. The French, headed by La Salle, ex¬ 
plored this territory, claimed it for France, and 
established several trading posts. 

During the Revolutionary War Kentucky was the 
extreme western frontier. As troubles developed it 
was thought by many that it would be unnecessary 
to attempt to hold and develop territory farther 
west. But a leader solved this problem for them. 
One George Rogers Clark, a Virginian by birth, a 
Kentuckian by adoption, a fearless man of character 
and power, acquainted with settlers and Indians 
alike, came to the rescue. He long since had real¬ 
ized the value of this wonderful country to the na¬ 
tion. A difficult trip was made back to Virginia to 
lay his scheme before Patrick Henry, its governor, 
Thomas Jefferson, and others* 

The governor authorized a secret expedition 
against Kaskaskia and gave Clark authority to raise 
seven companies of fifty men each. He encountered 
many difficulties but finally succeeded in securing 


THE GROWTH QF GOVERNMENT IN INDIANA 29 

a force of one hundred seventy-five men. With 
judicious leadership Clark moved his men over the 
streams and by forced marches through the wilder¬ 
ness. He captured Kaskaskia from the French and 
mastered the Indians. Later he captured Vin¬ 
cennes, expelling the British from the territory, and 
finally brought control to the hands of the Ameri¬ 
cans. We owe a great debt of gratitude to George 
Rogers Clark for thus clearing the way for settlers. 

With the settlers came government. At Kaskas¬ 
kia in 1779 the first American government was es¬ 
tablished north of the Ohio River and the first 
election of officers held. This form of government, 
however, was temporary. The Virginia delegates 
in 1784 ceded her claims in the territory north of 
the Ohio River to the United States. These claims 
were based on the “sea to sea” clause in the Charter 
of 1609 and to captures from the British acknowl¬ 
edged in the treaty at the close of the Revolutionary 
War. 

Besides Virginia, Massachusetts, Connecticut, 
New York, the two Carolinas and Georgia all had 
claims to western lands. In 1781 all states had 
ratified the Articles of Confederation except Mary¬ 
land who declined to sign, thus forcing the agree¬ 
ment whereby states claiming western lands finally 
agreed to cede them to the United States. 

This presented a new problem. The Constitution 
of the United States could govern states; but what 
could it do with territories belonging to no state? 

While this problem was being considered Congress 


First 

Govern¬ 

ment 

Estab¬ 

lished. 


Virginia’s 

Cession. 


30 


THE MARCH OF DEMOCRACY 


Public 

Land 

Surveys. 


passed the Ordinance of 1784 to serve as a basis 
for territorial government until such time as the 
population would justify the admission of states 
from this territory. 

Opening up the territory to settlers compelled a 
scheme to transfer and describe the land. Experi¬ 
ence had shown the old colonial system of surveying 
land inadequate. Confusion of ownership resulted, 
and lawsuits over land titles were too common. 
Thomas Hutchins, the first surveyor general of 
the United States, originated the rectangular system 
of surveys, and Thomas Jefferson, chairman of the 
committee, succeeded with its adoption by Con¬ 
gress in 1785. This system of dividing the terri¬ 
tory into congressional townships six miles square 
later became the model for dividing all western 
lands. First a base line was run east and west cross¬ 
ing the southern counties of Indiana about the lati¬ 
tude of Vincennes. Then a meridian line was run 
at right angles to this line due north and south just 
west of the center of the state extending from the 
Ohio River to the Michigan line. 

Starting at the intersection of the base and merid¬ 
ian lines the surveyors measured off six miles to the 
north and six miles to the east on each line. Through 
these points were run intersecting lines forming a 
square six miles on each side. This was called a 
township and contained thirty-six square miles, 
each square mile being designated a section, or 640 
acres. Each section was then given a number. The 
northeast section was always number 1, and the 


THE GROWTH OF GOVERNMENT IN INDIANA 31 

southeast section was always number 36. Sections 
were then divided into quarter sections (160 acres), 
and these tracts are often subdivided and described 
as we find them in deeds to-day. 

The first surveys were made in the vicinity of 
Vincennes before the plan was complete, which ac¬ 
counts for some irregularity in the lines of that 
section. No doubt this preliminary work was the 
reason for starting the general survey in this sec¬ 
tion. 

In the land office at the statehouse in Indianapolis 
may still be seen the drawings and “field notes” 
made by the surveyors. 

In spite of the Ordinance of 1784 making a pro- Ordinance 
vision for a temporary government and the land ofl787 * 
surveys, settlers did not come to this new territory. 

It remained for a group of citizens in Massachu¬ 
setts interested in converting certificates of indebt¬ 
edness into future homes to start the movement. 
Revolutionary officers held certificates for western 
lands, and soldiers and others left with little after 
the war desired lands in the new territory. A land 
company, called the “Ohio Company of Associates,” 
was formed to carry out this plan. Representatives 
were sent to Congress to further their plans. 

Soon the Ordinance of 1787 was passed. Al¬ 
though Congress had no authority to take such 
action, this document has since been a model for 
the government of our territories. The Ordinance 
organized a government for the territory bounded 
by the Ohio River, the Mississippi River, and the 


32 


THE MARCH OF DEMOCRACY 



Great Lakes. It provided that whenever a section 
contained sixty thousand people it might be organ¬ 
ized in a state, and that no less than three or more 
than five states should be formed from the tract. 










THE GROWTH OF GOVERNMENT IN INDIANA 33 

Provision was made for civil liberty and free 
schools, and absolute freedom of faith and worship 
was guaranteed. Slavery was prohibited, but it was 
provided that slaves escaping from other states into 
this territory should be returned to their masters. 
Strange as it may seem, the clause prohibiting 
slavery in this territory received the approval of 
delegates from every state. 

Coming as almost the last act of Congress under 
the unsuccessful Articles of Confederation, this Or¬ 
dinance gave Indiana its first permanent govern¬ 
ment under federal control. 

For three years the territory was governed from 
Cincinnati. In 1799 William H. Harrison was 
elected a delegate to Congress, where he was ap¬ 
pointed to head a committee to recommend a divi¬ 
sion of the territory. The territory of Indiana was 
created in 1800, which included Indiana, Michigan, 
Ohio, and Illinois, with the capital located at Vin¬ 
cennes. William Henry Harrison became governor 
and made an enviable record in dealing with the 
Indians, securing for the United States over thirty 
million acres of land. A legislative session was held 
in Vincennes in 1801, where laws were passed organ¬ 
izing the courts of justice. But not until 1807 did 
Indiana territory write its first code of laws. 

Some of the provisions of the code are interest¬ 
ing. Horse stealing was punishable by death; the 
crimes of burglary and robbery were punishable by 
whipping, fine, and in some cases by imprisonment 
exceeding forty years. Paupers could be “farmed 


Terri¬ 
torial 
Growth 
and Ex¬ 
pansion. 


34 THE MARCH OF DEMOCRACY 



William Henry Harrison 


out” for their maintenance to the lowest bidders. 
For altering brands on cattle a person might be 
branded on the hand with a letter “T” (for thief) 
burned in with a red-hot iron. The records show 
very few punishments ordered under the laws since 
the judicial system was unsatisfactory. 

People were rushing to the territory. In 1810 the 
census showed a population of 24,520 and manufac¬ 
tured goods valued at $200,000. 

This territory was settled in a different way. 
Here we find little foundation for the impression 


THE GROWTH OF GOVERNMENT IN INDIANA 35 


of early western settlement we often get from the 
stories we read, the plays we see in the theater, and 
on the screen. 

There was not so much of the “wild west.” Set¬ 
tlers came bringing their families; they established 
homes, and they were sincere in their demand for 
good government and education for their children. 
Here we have a country settled by families .seeking 
homes rather than men seeking adventure. Soon 
they built their churches and schools, and organized 
their literary societies. As early as 1804 the Indiana 
Gazette was published at Vincennes, and in 1808 
a library was established in the same city. Surely 
a new country settled under such circumstances was 
building well the foundation for the culture, educa¬ 
tion, and the high type of citizenship destined to 
later make their children citizens of a state influen¬ 
tial in the nation’s history. 

Attracting such settlers the state continued to 
grow in population until, five years later (1815), a 
census was taken showing the state in its thirteen 
counties and 3,897 more than the 60,000 necessary 
for statehood. At the request of the people Con¬ 
gress passed an Enabling Act fixing its boundaries 
and establishing its relation to the nation. 

The federal government made a generous dona¬ 
tion of one thirty-sixth of the land in each township 
for educational purposes and one entire township 
for a seminary of higher learning. Salt springs were 
also donated with necessary lands for working the 
same, and five per cent of the proceeds from the 


Indiana 
a State 
( 1816 ). 


36 


THE MARCH OF DEMOCRACY 



sale of public lands could be applied on building 
roads and canals. Four sections were to be selected 
from unsold government lands on which to build a 
capital city. 

The One of the greatest responsibilities in forming a 

First new state is the preparation of its constitution. For 

Constitu- tln S purpose Indiana selected from its thirteen coun- 

( 1816 ). ties forty-three men of unquestioned patriotism and 
common sense. The wisdom of the territorial gov¬ 
ernment plan under the Ordinance of 1787 was again 
evident. These men could now use the experience 
gained in territorial government. They prepared a 
restatement of the bill of rights found in the federal 
constitution, organized three departments of gov¬ 
ernment common to our scheme of government, and 





















THE GROWTH OF GOVERNMENT IN INDIANA 37 


provided for education, elections, and public officers 
to make and to administer the laws. Very im¬ 
portant were the provisions made for the change of 
government from territorial to state government, 
preserving the best of the laws already existing and 
bringing about the change without disturbing exist¬ 
ing contracts and business conditions. 

There were several notable departures. Punish¬ 
ment for crime was placed on the basis of “reforma¬ 
tion and not vindictive justice.” Provisions for 
homes of refuge were made for the unfortunate. 
A stand on the question of slavery, long in dispute, 
was taken by writing in the constitution the pro¬ 
vision that “there shall be neither slavery nor in¬ 
voluntary servitude in this state.” 

The first general election under the constitution 
was held in August, 1816. Jonathan Jennings, a 
man of great personal magnetism and experienced 
in Congress, was elected governor. William Hen¬ 
dricks, one of the most outstanding men in early 
Indiana political life, was elected to Congress, The 
legislature, consisting of ten senators and twenty- 
nine representatives, met the following November 
to make laws to better carry out the provisions of 
the Constitution. 

After the purchase of some eight millions of acres 
of land at approximately ten cents per acre from the 
Indians, the state territory was doubled in size. By 
an act of January 11, 1820, the general assembly 
appointed a commission of ten men to select a loca¬ 
tion for a new capital. You will remember that a 


Locating 

the 

Capital. 


38 


THE MARCH OF DEMOCRACY 



First Capitol at Vincennes 

provision of the Ordinance of 1787 donated four 
sections of government land on which to build a 
capital city. The land was to be selected from un¬ 
sold government lands. After visiting several loca¬ 
tions the committee recommended the site of the 
present city of Indianapolis. So here, sixty miles 
from any settlement, was “the capital in the woods.” 
There were no roads, no people, and no houses. 
The population was rapidly increasing, and sur¬ 
veyors at once started to lay out the streets in 
the woods. The legislators were slow in moving 
until conditions in Corydon and demands from 
Indianapolis finally caused the action. The old 
building used as a statehouse at Corydon was a 
rented structure, poorly adapted to the purpose and 









THE .GROWTH OF GOVERNMENT IN INDIANA 39 



The Capitol at Corydon 


now far from a central location. So in 1824 the 
capital was moved to Indianapolis, the population 
then numbering over five hundred. The Marion 
County courthouse was used as a statehouse until 
the “old capitol” was completed in 1835. 


















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The Capitol Building at Indianapolis 































THE GROWTH OF GOVERNMENT IN INDIANA 41 


The Constitution of 1816 provided “that every 
twelfth year after this Constitution shall have taken 
effect . . . there shall be a poll opened in which 
the qualified voters of the state shall express by vote 
whether they are in favor of calling a convention 
or not.” From time to time this matter was called 
to the attention of the voters, but whether from 
lack of interest or because of satisfaction with con¬ 
ditions, a convention was not called for this pur¬ 
pose. By 1850 conditions were not the same. The 
general assembly passed six or seven times more 
special and local than general laws. 

Now the population had increased to nearly a 
million people. Some centers were so thickly popu¬ 
lated that the people desired the right of making 
local laws that better applied to their particular 
community. 

The old constitution did not impose restrictions 
on the creation of a public debt. Disgraceful condi¬ 
tions had resulted. Out of one bond issue of fifteen 
millions, four millions went for worthless securities 
and two millions were embezzled by public officials. 
The public debt was so large that the interest could 
not be paid. By compromise legislation the Wa¬ 
bash and Erie Canal was accepted by the creditors 
in full settlement for the debts owed by the state. 
While canals served their purpose in settling the 
state, they were disastrous financially. The land 
donated by the federal government was squandered. 
This amounted to almost a million and a half acres 
of land, twice as much as the whole donation of 


The Need 
for a New 
Constitu¬ 
tion. 


42 


THE MARCH OF DEMOCRACY 


The Con¬ 
stitution 
of 1851. 



Fort Wayne in 1795 


lands for schools. So it is no wonder that the people 
desired a stricter safeguard for public funds and a 
more general banking law. 

The people desired a better court system, also 
the privilege of electing their own judges. The 
treasurer, auditor, and other important officials were 
not elected by the people but appointed by the gov¬ 
ernor or general assembly. All of these and other 
problems were to be the basis for much of the dis¬ 
cussion in the Convention. 

Indiana’s second Constitutional Convention met 
in Indianapolis, October 7, 1850. This time there 
were fifty senatorial and one hundred representative 
delegates. Much time was given to educating the 
public through newspapers and periodicals distrib¬ 
uted throughout the state. 

After one hundred twenty-seven days’ delibera¬ 
tion the proposed constitution was submitted and 
approved by a large majority of voters. It went 
into effect November 1, 1851, with little effect on 



THE GROWTH OF GOVERNMENT IN INDIANA 43 

the machinery of government or business condi¬ 
tions. This constitution in Section XX removed 
from the legislature the power to make local and 
special laws, reserving this right for local divisions 
of government. It placed only general limits on the 
size of the general assembly. The most important 
officers of the state government were to be elected 
by the people. 

Judges were elected by the people and a commis¬ 
sion provided to revise and simplify court procedure. 

Safeguards were made against excessive state 
debts. Biennial assemblies were substituted for 
annual assemblies. 

From time to time some changes have been made 
to better fit the constitution to the demands of the 
people, but in the main it remains the same. 

The next chapter develops the present constitu¬ 
tion section by section. 

No doubt any person desirous of becoming a bet¬ 
ter citizen will find much of interest and profit in 
the explanation and discussion of this constitution. 


Questions 

To the Pupil: 

1 . Describe the Indiana Territory when it was inhabited 

only by the Indian. 

2. In your own city or community mention the inventions 

that have changed methods of doing work during the 
last fifty years. 

3. Why are we indebted to George Rogers Clark? as citizens 

of Indiana? as citizens of the United States? 


44 THE MARCH OF DEMOCRACY 

4. Where and under what conditions was the first govern¬ 

ment established north of the Ohio River? 

5. How did the different states justify their claims to the 

Northwest Territory? 

6. Give the reasons for ceding their claims to the United 

States government. 

7. Why was governing the territory a difficult problem to 

the federal government? 

8 . Describe the rectangular land survey system. 

9. What great advantages were given the people by the 

Ordinance of 1787? 

10. Which provisions of the Ordinance of 1787 have been pre¬ 

served in our present government? 

11. Prepare a talk on “The Territorial Government of 

Indiana.” 

12. What effect did the class of people who settled in Indiana 

have on its future development? 

13. When and how did Indiana become a state? 

14. What other states were formed from the Northwest Terri¬ 

tory? Why this number? 

15. Describe government under the first constitution. 

16. How was the capital located? 

17. In what ways was the first constitution found unsuited to 

the needs of the people? 

18. How did the constitution of 1851 remedy the situation? 


CHAPTER IV 

CONSTITUTION OF INDIANA, 1851 

To the end that justice be established, public order maintained, 
and liberty perpetuated: We, the people of the state of 
Indiana, grateful to Almighty God for the free exercise of the 
right to choose our own form of government, do ordain this 
constitution. 

A preamble is a statement of the reasons and in- Preamble, 
tent of the makers of a constitution. Here the 
united people of Indiana recognize the value of 
democratic government, and are endeavoring to 
preserve it in compact form for you, their children. 

“We, the people/’ is a term used first in our na¬ 
tional Constitution. There it indicates one great 
consolidated government of all the people, rather 
than government by states, as the Articles of Con¬ 
federation provided. It is the most outstanding 
phrase in democratic government. The phrase here 
emphasizes the fact that the state government of 
Indiana is a government “of the people, by the peo¬ 
ple, and for the people.” 

ARTICLE I 

BILL OF RIGHTS 

Section I. We declare, that all men are created equal; Natural 
that they are endowed by their Creator with certain unalienable Rights, 
rights; that among these are life, liberty, and the pursuit of 
happiness; that all power is inherent in the People; and that 
45 


Bight to 
Worship. 


46 THE MARCH OF DEMOCRACY 

all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and well¬ 
being. For the advancement of these ends, the people have, at 
all times, an indefeasible right to alter and reform their 
government. 

Democratic government is an outgrowth of nat¬ 
ural desires for liberty. 

In order to protect “good” citizens from those 
who abuse privileges, and do not contribute to the 
general welfare, certain precautions are necessary. 

This section guarantees personal liberty, the right 
to manage one’s affairs as long as he does not inter¬ 
fere with the rights of others, and even goes so far 
as to assure him peace of mind. 

The power to form a new constitution is vested in 
the people rather than the legislature or officers 
of the government. This principle, “just powers 
from consent of the governed,” was given to us in 
the language of the Declaration of Independence. 
Your government begins with the people, and the 
approval of the people guarantees its continuance. 

Section II. All men shall be secured in their natural right 
to worship Almighty God, according to the dictates of their own 
consciences. 

This section puts the “worship of Almighty God” 
above civil law. For centuries, civil liberty and re¬ 
ligious liberty were regarded as inseparable, and 
were controlled in that way. Then came the found¬ 
ers of America, who made great sacrifices to show 
the real significance of religious liberty. 

Roger Williams, no doubt, was responsible for 


CONSTITUTION OF INDIANA, 1851 47 

the development of religious liberty in America and 
in the world. Finally, the Constitutional Conven¬ 
tion settled the question that the cause of liberty 
is best promoted by a complete separation of 
Church and State. Consequently, every state con¬ 
stitution recognizes the right of a citizen to worship 
without interference. This section is the source 
of the religious freedom enjoyed in your state. 

Section III. No law shall, in any case whatever, control the 
free exercise and enjoyment of religious opinions, or interfere 
with the rights of conscience. 

An effort is made to not only guarantee religious 
liberty without individual interference but also 
from legislative interference. Under this section, 
no law can be passed to either control the method 
of worship or religious discussions. 

Section IV. No preference shall be given, by law, to any 
creed, religious society, or mode of worship; and no man shall 
be compelled to attend, erect, or support, any place of worship, 
or to maintain any ministry, against his consent. 

If a citizen can worship according to the dictates 
of his own conscience, he should be able to con¬ 
tribute to the support of religious organizations as 
he desires. Each section has back of it a long story 
of religious persecution, public taxation for religious 
purposes, interference with modes of worship, and 
efforts of other governments to hold their people to 
the religion favored by the rulers and handed down 
to the people. The Indiana Constitution, through 
this and other sections, has taken every precaution 
to guard against the revival of such practices. 


Freedom 

of 

Thought. 


No Prefer¬ 
ence to 
Any 
Creed. 


No Reli¬ 
gious Test. 


No Money 
for Reli¬ 
gious Insti¬ 
tutions. 


Religion of 
Witness. 


Oath: How 
Admin¬ 
istered. 


48 THE MARCH OF DEMOCRACY 

Section V. No religious test shall be required, as a qualifica¬ 
tion for any office of trust or profit. 

This section does not permit any one religious 
denomination to be recognized above another. 
Citizens of every religious belief are on the same 
basis as far as participating in or enjoying the 
privileges of state government. 

Section VI. No money shall be drawn from the treasury, for 
the benefit of any religious or theological institution. 

In following the principle that the Church and 
State are separate and distinct institutions, it is 
reasonable that money raised by public taxation 
should not be used for religious purposes. 

Section VII. No person shall be rendered incompetent as a 
witness, in consequence of his opinion on matters of religion. 

Regardless of his ideas on religion, a citizen shall 
be permitted to offer testimony. The witnesses re¬ 
garded as incompetent are certain attorneys, physi¬ 
cians, and clergymen securing information in the 
course of their professional duties; a husband and 
wife possessing information regarded as confiden¬ 
tial ; and all insane persons. 

Section VIII. The mode of administering an oath or affirma¬ 
tion, shall be such as may be most consistent with, and binding 
upon, the conscience of the person, to whom such oath or 
affirmation may be administered. 

Witnesses, jurors, and various public officers are 
required to take an oath, or in some way assure the 
proper authorities that they will perform their 


CONSTITUTION OF INDIANA, 1851 49 

duties conscientiously and to the best of their 
ability. 

This section further extends religious liberties so 
that each can do his part as a citizen regardless of 
his convictions. 

Section IX. No law shall be passed, restraining the free inter- Free 
change of thought and opinion, or restricting the right to speak, Speech, 
write, or print, freely, on any subject whatever; but for the 
abuse of that right, every person shall be responsible. 

In connection with the Sedition Act, the rights 
stated in this section were a problem of the federal 
government. The result of this national controversy 
and, in connection with it, evidence of the general 
disapproval of attempts to limit freedom of speech 
and press, no doubt helped to give you a guarantee 
of this right. 

You have the right to express your ideas as out¬ 
lined in this section as long as you have due cause 
or excuse. 

If there is evidence that your statements are un¬ 
founded, that they give the public an unjust and 
unfavorable impression, the person so represented 
can prefer charges and secure protection through 
the courts. When the truth of the charge is estab¬ 
lished in the courts, a person so charged is found 
guilty of “libel.” 

Section X. In all prosecutions for libel, the truth of the The Truth 
matters alleged to be libelous may be given in justification. in Libel. 

From the discussion of the previous section we 
have the meaning of “libel.” According to this sec- 


50 


THE MARCH OF DEMOCRACY 


tion if the words in question are true , the person 
charged as speaking or writing them cannot be held 
for “libel,” whether they were made public in good 
faith or with intent to discredit. 

Personal Section XI. The right of the people to be secured in their 
Security; persons, houses, papers, and effects, against unreasonable search 
Search, or or seizure, shall not be violated; and no warrant shall issue, but 
Seizure. upon probable cause, supported by oath or affirmation, and par¬ 
ticularly describing the place to be searched, and the person or 
thing to be seized. 

The resentment of our forefathers against the 
abuses prior to the Revolutionary War made possi¬ 
ble this right. To-day, we are free from interference 
in our personal affairs. With sufficient cause, sup¬ 
ported by a sworn statement of the person making 
the charge, a “search warrant” is issued. The sworn 
statement holds the maker responsible for false 
charges. An officer of the law makes the search for 
the property specified as being illegally held or 
concealed. 

Courts Section XII. All courts shall be open; and every man, for 

Open injury done to him in his person, property, or reputation, shall 

to All. have remedy by due course of law. Justice shall be administered 

freely, and without purchase; completely, and without denial; 
speedily, and without delay. 

For centuries before the people of the United 
States established this practice which underlies our 
whole system of justice, men were secretly accused 
and savagely persecuted. “No man’s property is 
safe and no man’s welfare is assured where justice 
is denied to the poor, or where crime goes unpun¬ 
ished; no state can prosper where human rights are 


51 


CONSTITUTION OF INDIANA, 1851 

not respected.” Delay is seldom for public benefit. 

If an accused person is guilty, he should be speedily 
punished; if he is innocent, he should be released 
without delay. Many cases find their way in the 
courts that could be settled by agreement on a com- 
• mon sense basis. 

Good citizenship requires an occasional sacrifice 
if we are to receive its full benefits. 

Section XIII. In all criminal prosecutions, the accused shall Rights of 
have the right to a public trial by an impartial jury, in the Accused, 
county in which the offense shall have been committed; to be 
heard by himself and counsel; to demand the nature and cause 
of the accusation against him, and to have a copy thereof; to 
meet the witnesses face to face, and to have compulsory process 
for obtaining witnesses in his favor. 

When a person is accused of a crime, written 
charges must be made by a grand jury, a larger and 
more representative body than a trial jury. When 
a person so charged is brought into the courts, the 
procedure against him must be without unwarranted 
delay. He must have a trial in public so that 
citizens may know of his treatment. He is entitled 
to know the charges made against him, provide or 
have provided lawyers for his defense, and hear 
witnesses testify against him in court. His lawyer 
has a part in selecting the jury in order that it may 
be composed of fair-minded men who will render an 
impartial decision. 

Two jury commissioners for each county, ap¬ 
pointed by the judge of the circuit court, select from 
the names of all the voters double the number 


52 


THE MARCH OF DEMOCRACY 


No Person 
Twice in 
Jeopardy. 


Unneces¬ 
sary Rigor 
Prohibited. 


Prohibi¬ 

tions: 

Bail, 

Fines, and 
Punish¬ 
ments. 


needed for jury service. The names are then filed 
with the clerk of the circuit court. From these 
names as drawn, jurors are selected for trial cases. 

Section XIV. No person shall be put in jeopardy twice for 
the same offense. No person, in any criminal prosecution, shall 
be compelled to testify against himself. 

The first part of this section goes no farther than 
to forbid the retrial of a person found “not guilty.” 
The second part relieves an accused person from 
testifying against himself. In other words, he 
“stands on his constitutional rights” and refuses to 
testify. 

Section XV. No person, arrested or confined in jail, shall be 
treated with unnecessary rigor. 

The penalty for breaking the law and the treat¬ 
ment of the accused must be just. Accused persons 
in jail are more or less defenseless and should be free 
from abuse. This section serves to protect the 
accused against rigorous “third degree” methods 
sometimes used to exact a confession. 

Section XVI. Excessive bail shall not be required. Excessive 
fines shall not be imposed. Cruel and unusual punishment shall 
not be inflicted. All penalties shall be proportioned to the 
nature of the offense. 

Bail is allowed on presenting proper securities or 
money not beyond the means of the accused, but of 
sufficient amount to discourage flight and assure his 
presence at the trial. In both punishments and pen¬ 
alties we demand only just treatment. The Amer¬ 
ican idea of justice is not vengeance. 


CONSTITUTION OF INDIANA, 1851 


53 


Section XVII. Offenses, other than murder or treason, shall Murder or 
be bailable by sufficient sureties. Murder or treason shall not Treason 
be bailable when the proof is evident, or the presumption not Bail- 
strong. able. 

When the crime and evidence against the accused 
justify, bail may be refused because it is not to the 
interest of law-abiding citizens to have at large 
people who commit major crimes against society. 

The punishment for major crimes is so severe that 
no sum of money (bail) is sufficient to guarantee 
return for trial. 

Section XVIII. The penal code shall be founded on the Reforma- 
principles of reformation, and not of vindictive justice. tion the 

Basis. 

This section applies to the penal laws as a system. 
Punishment by death has been determined as not in 
conflict with it. Just punishment, if it serves its 
purpose, should make a better citizen of one who 
violates the law. 


termines 
Law and 
Facts in 
Criminal 
Cases. 


Section XIX. In all criminal cases whatever, the jury shall Jury De- 
have the right to determine the law and the facts. 

This section gives jurors the authority to deter¬ 
mine both the law and the facts in a criminal trial. 

In most constitutions a jury is limited to the de¬ 
termination of the facts. In this constitution they 
are judges of the law, including the constitution. 

Section XX. In all civil cases, the right of trial by jury shall Civil 
remain inviolate. Cases 

. Tried by 

A civil suit arises where a private right is to be Juryi 
protected or enforced between two persons or cor¬ 
porations. It often arises from failure to fulfill a 


54 


THE MARCH OF DEMOCRACY 


Compensa¬ 
tion for 
Services 
and 

Property. 


Imprison¬ 
ment for 
Debt. 


contract. Such parties may demand trial before a 
jury. 

Section XXI. No man’s particular services shall be demanded, 
without just compensation: No man’s property shall be taken 
by law, without just compensation; nor, except in case of the 
state, without such compensation first assessed and tendered. 

Where lawyers, physicians, or others are required 
to perform services for public benefit they are en¬ 
titled to just compensation. 

The power of “eminent domain” is the power of 
government to take private property for public 
use. This right is justified because an individual's 
desires many times must be sacrificed for public 
benefit. In earlier times land was taken for high¬ 
ways without payment. Now, a fair valuation is 
set and payment made to the owner before private 
property becomes public property. The last clause 
enables the state to enforce the collection of its 
taxes. 

Section XXII. The privilege of the debtor to enjoy the nec¬ 
essary comforts of life shall be recognized by wholesome laws, 
exempting a reasonable amount of property from seizure or sale, 
for the payment of any debt or liability hereafter contracted; 
and there sh^ll be no imprisonment for debt except in case of 
fraud. 

This guards against the former European custom 
of imprisonment for debts, many of which resulted 
from misfortune. If a debtor practices fraud to 
avoid payment of a debt, he may be imprisoned. 

Property not to exceed $600 in value owned by a 
resident householder can be retained when a court 
orders the sale of property to satisfy debts. 


CONSTITUTION OF INDIANA, 1851 55 

Section XXIII. The general assembly shall not grant to any 
citizen, or class of citizens, privileges or immunities, which, upon 
the same terms, shall not equally belong to all citizens. 

Our government is based on the principle of 
“equal rights” to all citizens. Here even the 
lawmakers are prohibited from granting special 
privileges. 

Section XXIV. No ex post jacto law, or law impairing the 
obligation of contracts, shall ever be passed. 

An ex post facto law provides a penalty or in¬ 
creases the punishment for an act that took place 
before the law was passed. 

The legislature cannot remove the obligations of 
a contract or the right of enforcing a contract by 
a legislative act. A good citizen abides by his con¬ 
tracts regardless of the consequences to himself. 

Section XXV. No law shall be passed, the taking effect of 
which shall be made to depend upon any authority, except 
as provided in this constitution. 

This section is designed to make the constitution 
the highest authority in the state of Indiana, Laws 
are sometimes submitted to the people for approval 
before they are operative. 

Section XXVI. The operation of the laws shall never be 
suspended, except by the authority of the general assembly. 

The general assembly, having authority to make 
the laws, is given the power to suspend them if 
necessary. 

Section XXVII. The privileges of the writ of habeas corpus 
shall not be suspended, except in case of rebellion or invasion; 
and then, only if the public safety demand it. 


Equal 
Privileges 
to Citizens. 


No Ex 
Post Facto. 


Constitu¬ 
tion the 
Basis. 


Suspension 
of Laws. 


Habeas 

Corpus. 


56 


THE MARCH OF DEMOCRACY 


Treason 

Defined. 

Proof. 


Effect of 
Conviction 


Eight to 
Assemble; 
Instruct; 
Petition. 


Eight to 

Bear 

Arms. 


Military- 

Power. 


A writ of habeas corpus is a written order ad¬ 
dressed by a judge to one who has a person in cus¬ 
tody claimed without proof to be unlawfully held. 
It directs him to bring the person in court and show 
why he is detained, thus permitting a speedy trial. 

Neither a President nor Congress can suspend a 
writ of habeas corpus by state courts. 

Section XXVIII. Treason against the state shall consist only- 
in levying war against it, and giving aid and comfort to its 
enemies. 

Section XXIX. No person shall be convicted of treason, ex¬ 
cept on the testimony of two witnesses to the same overt act, 
or upon his confession in open court. 

Section XXX. No conviction shall work corruption of blood, 
or forfeiture of estate. 

The three sections are self-explanatory and prac¬ 
tically the same as those in the federal constitution. 

Section XXXI. No law shall restrain any of the inhabitants 
of the state from assembling together, in a peaceable manner, 
to consult for their common good; nor from instructing their 
representatives; nor from applying to the general assembly for 
redress of grievances. 

Citizens may hold meetings and public discussions 
as long as their motives are for the best interests 
of good government. They may influence their rep¬ 
resentatives and petition either branch of the gen¬ 
eral assembly for relief. 

Section XXXII. The people shall have a right to bear arms, 
for the defense of themselves and the state. 

Laws prohibiting the carrying of concealed 
weapons do not violate this section. 

Section XXXIII. The military shall be kept in strict subor¬ 
dination to the civil power. 


CONSTITUTION OF INDIANA, 1851 57 

Civil power, meaning the will of the citizens, must 
prevail in a democracy. When military power con¬ 
tinues long, the result is autocracy. 

Section XXXIV. No soldier shall, in time of peace, be quar¬ 
tered in any house, without the consent of the owner; nor, in 
time of war but in a manner to be prescribed by law. 

Turning to the Declaration of Independence, we 
find complaint against the king for “keeping among 
us in times of peace standing armies without the 
consent of our legislature.” Early experiences con¬ 
vinced the people that the above section was neces¬ 
sary in a state constitution. A citizen’s right to 
control his property is as necessary as his life and 
liberty. 

Section XXXV. The general assembly shall not grant any 
title of nobility, nor confer hereditary distinctions. 

Preventing class distinctions preserves the spirit 
of democracy. 

Section XXXVI. Emigration from the state shall not be 
prohibited. 

The federal government relieves the states of 
much responsibility in determining the qualifica¬ 
tions of its citizens. Since the United States is 
composed of the different states, there should be no 
restrictions that would compel people to live in a 
certain state. 

Section XXXVII. There shall be neither slavery, nor in¬ 
voluntary servitude, within the state, otherwise than for the 
punishment of crime, whereof the party shall have been duly 
convicted. No indenture of any Negro or Mulatto, made or 
executed out of the bounds of the state, shall be valid within 
the state. 

Now obsolete. 


Quartering 

Soldiers. 


No Titles 
of 

Nobility. 


Emigra¬ 

tion. 


Slavery 

Prohibited* 


58 


THE MARCH OF DEMOCRACY 


Equality- 
in Elec¬ 
tions. 


Qualifica¬ 
tions of 
Voters. 


Non¬ 
resident 
Soldiers 
on Duty. 


ARTICLE II 

SUFFRAGE AND ELECTION 

Section I. All elections shall be free and equal. 

The legislature does not have power to favor 
certain voters or candidates for office by making any 
special restrictions or by extending special priv¬ 
ileges. Each voter is a “ruler” entitled to equal 
consideration in a representative government. 

Section II. In all elections not otherwise provided for by 
this constitution, every citizen of the United States, of the age 
of twenty-one years and upwards, who shall have resided in the 
state during the six months, and in the township sixty days, 
and in the ward or precinct thirty days immediately preceding 
such election, shall be entitled to vote in the township or precinct 
where he or she may reside. 

Qualifications of all legal voters in Indiana : 

(a) A native born or naturalized citizen of the 
United States. 

(b) At least twenty-one years of age. 

(c) A resident; 

(1) Of the state, six months; (2) of the 
township, sixty days; (3) of the ward 
or precinct, thirty days prior to the 
election. 

Section III. No soldier, seaman, or marine, in the army or 
navy of the United States, or their allies, shall be deemed to 
have acquired a residence in this state, in consequence of having 
been stationed within the same; nor shall any such soldier, sea¬ 
man, or marine, have the right to vote. 

This section is inserted because state constitutions 
provide that a soldier maintains his right to vote 


CONSTITUTION OF INDIANA, 1851 59 

at the place where he was qualified to vote before 
he entered the service of the state or nation. Section 
IV below gives the practice in your state. 

Section IV. No person shall be deemed to have lost his resi¬ 
dence in the state by reason of his absence, either on business 
of this state or of the United States. 

Section V. [Stricken out by constitutional amendment of 
March 24, 1881.] 

Not until 1881 did the voters strike out this sec¬ 
tion which refused the Negro the right to vote. 

Section VI. Every person shall be disqualified from holding 
office, during the term for which he may have been elected, 
who shall have given or offered a bribe, threat, or reward, to 
procure his election. 

Bribery is the act of buying another’s influence 
or action against the best interests of the public. A 
person who buys an office often expects to be com¬ 
pensated in some way and cannot be trusted to 
serve the best interests of the people. 

Section VII. Every person who shall give or accept a chal¬ 
lenge to fight a duel, or who shall knowingly carry to another 
person such challenge, or who shall agree to go out of the state 
to fight a duel, shall be ineligible to any office of trust or profit. 

Duelling has long since disappeared as a method 
of settling personal disputes. Citizens in a democ¬ 
racy could have little confidence in an officer who 
engages in or is a party to an unlawful contest. 

Section VIII. The general assembly shall have power to de¬ 
prive of the right of suffrage, and to render ineligible, any person 
convicted of an infamous crime. 


Soldiers’ 

Residence. 

Obsolete. 


Bribery. 


Challenge 
to Duel. 


Disfran¬ 

chisement. 


60 


THE MARCH OF DEMOCRACY 


Limita¬ 
tions on 
Office 
Holders. 


Status of a 
Defaulter. 


Temporary 

Appoint¬ 

ment. 


Persons who are convicted of selling their votes 
lose the privilege of voting. The legislature is em¬ 
powered to pass laws to remove the privilege of 
voting from those sentenced to the penitentiary. 
The right to vote, lost in this way, can only be re¬ 
stored through proper authorities. 

Section IX. No person holding a lucrative office or appoint¬ 
ment, under the United States or under this state, shall be 
eligible to a seat in the general assembly; nor shall any person 
hold more than one lucrative office at the same time, except as 
in this constitution expressly permitted: Provided, That offices 
in the militia to which there is attached no annual salary, and 
the office of deputy postmaster, where the compensation does 
not exceed ninety dollars per annum, shall not be deemed lucra¬ 
tive; And provided also, That counties containing less than one 
thousand polls, may confer the office of clerk, recorder, and 
auditor, or any two of said offices, upon the same person. 

Political offices, if too attractive financially, might 
encourage undue influence to secure them. 

Public interests are best served when the people 
are directly represented by officers devoting their 
entire time to one office. Certain offices, such as 
county commissioners, mayors of cities, etc., have 
been held lucrative. 

Section X. No person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of trust 
or profit, until he shall have accounted for, and paid over, ac¬ 
cording to law, all sums for which he may be liable. 

This section places a premium on proper handling 
of the people’s money. 

Section XI. In all cases in which it is provided, that an office 
shall not be filled by the same person more than a certain num¬ 
ber of years continuously, an appointment pro tempore shall not 
be reckoned a part of that term. 


CONSTITUTION OF INDIANA, 1851 61 

A person appointed by the proper authority to fill 
a vacancy may continue to hold such office until 
his successor is duly elected and qualified. He may, 
however, if elected and qualified, hold the same 
office continuously for the specified period of years. 

Section XII. In all cases, except treason, felony, and breach 
of the peace, electors shall be free from arrest, in going to elec¬ 
tions, during their attendance there, and in returning from the 
same. 

“Electors” here means voters. If a person is 
arrested when he is free from arrest, he can be 
released on a writ of habeas corpus. Note the ex¬ 
ceptions in this section. 

Section XIII. All elections by the people shall be by ballot; 
and all elections by the general assembly, or by either branch 
thereof, shall be viva voce. 

The provision requiring elections by ballot does 
not prevent the now quite common use of the voting 
machine. An election viva voce in the general as¬ 
sembly consists in taking a vote by calling the roll, 
each member answering as his name is called. 

Section XIV. All general elections shall be held on the first 
Tuesday after the first Monday in November, but township elec¬ 
tions may be held at such time as may be provided by law: 
Provided, That the general assembly may provide by law for 
the election of all judges of courts of general or appellate juris¬ 
diction, by an election to be held for such officers only, at which 
time no other officer shall be voted for; and shall also provide 
for the registration of all persons entitled to vote. 

General elections are held for the election of state, 
county, township, city, and national offices on the 
first Tuesday after the first Monday in November. 


Voters 
Free from 
Arrest. 


Elections 
by Ballot. 


Elections. 


62 


THE MARCH OF DEMOCRACY 


Depart¬ 
ments of 
Govern¬ 
ment. 


Regular elections for state and local officers and 
members of Congress are held every two years in the 
even years. City elections are held every four years 
in odd years. 

Candidates are nominated for these elections at 
the primaries. Only the political parties casting ten 
per cent or more of the total vote in the last election 
are entitled to a vote for their party candidates in 
the primary election held on the first Monday in 
May immediately preceding the general election. 
The successful candidates of each party in the pri¬ 
maries become the candidates of their respective 
parties in the general election. 

Elections are conducted by the Australian ballot 
system. A qualified voter marks his ballot in secret. 
Certain judges are elected on off political years 
because the duties of a judge are such that his office 
should be removed as far as possible from politics. 

ARTICLE III 

DISTRIBUTION OF POWERS 

Section I. The powers of the government are divided into 
three separate departments: The legislative, the executive includ¬ 
ing the administrative, and the judicial; and no person charged 
with official duties under one of these departments, shall exercise 
any of the functions of another, except as in this constitution 
expressly provided. 

Similar to the organization of the national gov¬ 
ernment, this section provides for legislative (law 
making), executive (law enforcing), and judicial 
(law interpreting) departments. The value of such 


CONSTITUTION OF INDIANA, 1851 63 

an organization permits one department to check 
and balance the other. 

The prohibitive clause forbids one department 
of state government from interfering in or encroach¬ 
ing on the powers that belong to another. 

ARTICLE IV 

LEGISLATIVE 

Section I. The legislative authority of the state shall be General 
vested in a general assembly, which shall consist of a senate Assembly, 
and house of representatives. The style of every law shall be: 

“Be it enacted by the general assembly of the state of Indiana”; 
and no law shall be enacted, except by bill. 

Lawmaking powers are delegated to a senate not 
exceeding fifty members and a house of representa¬ 
tives not exceeding one hundred members, making 
a total of one hundred and fifty members who com¬ 
pose the general assembly. 

The two-house system is similar to the organ¬ 
ization of the federal government. A law must 
be enacted as a bill, beginning as indicated in this 
section. Bills are often “killed” by taking a vote 
to strike out the “enactment clause.” 

Section II. The senate shall not exceed fifty, nor the house Number, 
of representatives one hundred members; and they shall be 
chosen by the electors of the respective counties or districts, into 
which the state may, from time to time, be divided. 

The constitution of 1816 provided that the gen¬ 
eral assembly should consist of ten senators and 
twenty-nine representatives. In 1836 the number 
of representatives was increased to one hundred, 
and in 1841 the number of senators to fifty. Since 


64 


THE MARCH OF DEMOCRACY 


Term of 
Office. 


Enumera¬ 
tion of 
Voters. 


th© adoption of this constitution in 1851 the maxi¬ 
mum has remained fixed at fifty senators and one 
hundred representatives. The legal voters in their 
respective counties or districts elect senators and 
representatives. 

Section III. Senators shall be elected for the term of four 
years and representatives for the term of two years, from the 
day next after their general election: Provided, however, That 
the senators elect, at the second meeting of the general assembly 
under this constitution, shall be divided by lot, into two equal 
classes, as nearly as may be; and the seats of senators of the first 
class shall be vacated at the expiration of two years, and those 
of the second class, at the expiration of four years; so that one 
half as nearly as possible, shall be chosen biennially forever 
thereafter. And in case of increase in the number of senators, 
they shall be so annexed, by lot, to the one or the other of the 
two classes, as to keep them as nearly equal as practicable. 

Senators are elected for a four-year term. The 
terms of one half the senators expire every two 
years. The last part of this section is largely his¬ 
torical but explains the method used to classify 
senators when the plan was placed in operation. 

Representatives are elected every two years. 
Both senators and representatives begin their terms 
on the next day after election and both may be 
elected for an unlimited number of terms. Members 
of the house who make a good record are often 
elected to serve in the senate. Over thirty repre¬ 
sentatives and about fifteen senators are now serv¬ 
ing in the general assembly who have been members 
before. 

Section IV. The general assembly shall, at its second ses¬ 
sion after the adoption of this constitution, and every sixth 


CONSTITUTION OF INDIANA, 1851 65 

year thereafter, cause an enumeration to be made of all the 
male inhabitants over the age of twenty-one years. 

The last official count of voters was made in 1925. 

A map showing the enumeration and districts can 
be secured from the Legislative Reference Bureau 
at Indianapolis. 

Section V. The number of senators and representatives shall, Apportion- 
at the session next following each period of making such enumer- ment. 
ation, be fixed by law, and apportioned among the several 
counties, according to the number of male inhabitants, above 
twenty-one years of age in each: Provided, That the first and 
second elections of members of the general assembly, under this 
constitution, shall be according to the apportionment last made 
by the general assembly, before the adoption-of this constitution. 

Section VI. A senatorial or representative district, where Districts 
more than one county shall constitute a district, shall be com- Contigu- 
posed of contiguous counties; and no county for senatorial ap- ous. 
portionment, shall ever be divided. 

“Apportionment” consists in dividing the total 
voting population secured by the official count or 
enumeration taken as required in Section IV by the 
number of senators and representatives. Dividing 
the total voting population by fifty we get the aver¬ 
age number of voters for each senatorial district, 
and dividing by one hundred we get the average 
number of voters for each representative district. 

This average is then compared with the population 
of the county. Marion County, for example, has ten 
times more voting population than the average 
number for each representative and would conse¬ 
quently be entitled to ten representatives and five 
senators. If enumeration figures are small, as in 
Newton County, we select a county that immedi- 


66 


THE MARCH OF DEMOCRACY 


Qualifica¬ 
tions of 
Members. 


Freedom 

from 

Arrest. 


ately joins Newton, or, in other words, is contiguous 
to it. In this case we will add Jakper, an adjoining 
county; but still the district does not contain the 
required average for one representative, so we add 
Benton, another county contiguous to Newton. The 
three counties have just enough voting population 
to constitute a legislative district and to elect one 
representative. It will be necessary to add other 
counties to get the average number for a senatorial 
district. The voters in most representative districts 
elect one representative and in most senatorial dis¬ 
tricts one senator. 

Section VII. No person shall be a senator or a representative 
who, at the time of his election, is not a citizen of the United 
States; nor any one who has not been, for two years next pre¬ 
ceding his election, an inhabitant of this state, and, for one 
year next preceding his election, an inhabitant of the county 
or district whence he may be chosen. Senators shall be at least 
twenty-five, and representatives at least twenty-one years of 
age. 

Citizenship and residence requirements are the 
same for both senators and representatives. The 
only difference in qualifications is age. The longer 
term necessitating election only half as often as rep¬ 
resentatives, and the fact that the senate is the 
senior lawmaking body and thought to be more con¬ 
servative, justifies the difference in age require¬ 
ments. 

Section VIII. Senators and representatives in all cases except 
treason, felony, and breach of the peace, shall be privileged from 
arrest, during the session of the general assembly, and in going 
to and returning from the same; and shall not be subject to any 


67 


CONSTITUTION OF INDIANA, 1851 

civil process, during the session of the general assembly, nor 
during the fifteen days next before the commencement thereof. 

For any speech or debate in either house, a member shall not be 
questioned in any other place. 

This section assures the people that there will 
be no interference with the men who make their 
laws. This exemption is designed to protect the 
interests of the people and not the office holder. 

The constitution permits a member to speak fear¬ 
lessly in the interests of the people who elected 
him. This places the responsibility on the law¬ 
maker. Evidence that a member is guilty of the 
crimes excepted would give us just cause to question 
his qualifications for making our laws. 

Section IX. The sessions of the general assembly shall be Sessions, 
held biennially at the capital of the state, commencing on the 
Thursday next after the first Monday of January, in the year 
one thousand eight hundred and fifty-three, and on the same 
day of every second year thereafter, unless a different day or 
place shall have been appointed by law. But if, in the opinion 
of the governor, the public welfare shall require it, he may at 
any time by proclamation, call a special session. 

The legislature meets in regular session on the 
first Thursday after the first Monday in January 
in every odd year. The length of the session is 
limited to sixty-one days, including Sundays and 
holidays. When the governor, in an emergency, 
calls a special session of the general assembly, the 
powers of the two bodies are the same as when in 
regular session. 

Section X. Each house, when assembled, shall choose its own Officers, 
officers, the president of the senate excepted; judge the elections, 
qualifications and returns of its own members; determine its 


68 


THE MARCH OF DEMOCRACY 


Quorum. 


rules of proceeding, and sit upon its own adjournment. But 
neither house shall, without the consent of the other, adjourn 
for more than three days nor to any place other than that in 
which it may be sitting. 

The lieutenant-governor is elected by the people 
as president of the senate by right of office. Other 
officers in the senate are a president pro tem., prin¬ 
cipal secretary, and principal doorkeeper. Similar 
to the plan of the national government each house 
passes on the qualifications of its members, and the 
house closest to the people elects its own officers. 
Officers of the house are a speaker, chief clerk, assist¬ 
ant clerk, and doorkeeper. Since the action of one 
house is more or less dependent on the other, both 
should be in session at the same time and at the 
same place to avoid unnecessary delay. 


Section XI. Two-thirds of each house shall constitute a 
quorum to do business; but a smaller number may meet, ad¬ 
journ from day to day, and compel the attendance of absent 
members. A quorum being in attendance, if either house fail to 
effect an organization within the first five days thereafter, the 
members of the house so failing, shall be entitled to no compen¬ 
sation, from the end of the said five days, until an organization 
shall have been effected. 

At least thirty-four senators and sixty-seven rep¬ 
resentatives must be present before business can 
be conducted. 

This section hastens the early organization of the 
two houses of the general assembly with the penalty 
of completing the organization without salary if the 
delay is prolonged beyond five days. 


CONSTITUTION OF INDIANA, 1851 69 

Section XII. Each house shall keep a journal of its proceed¬ 
ings, and publish the same. The yeas and nays, on any question, 
shall, at the request of any two members, be entered, together 
with the names of the members demanding the same, on the 
journal; Provided, That on a motion to adjourn, it shall require 
one-tenth of the members present to order the yeas and nays. 

A recorded vote demanded by two members places 
a representative on record so that there is no doubt 
in the minds of the citizens he represents as to the 
manner in which he is carrying out their wishes. 
More members are required to record a vote because 
adjournment by an unrecorded vote of a smaller 
number might be called to delay legislation, yet, at 
times, adjournment and delay may be for public 
benefit. At any rate the individual responsibility 
together with the reason for adjournment fixes the 
responsibility. 

Section XIII. The doors of each house, and of committees of 
the whole, shall be kept open, except in such cases, as, in the 
opinion of either house, may require secrecy. 

Most legislation can be conducted openly because 
a legislator’s business is public business. 

Legislation that may affect business conditions is 
sometimes carried on behind closed doors and re¬ 
leased to the general public so that no single class 
can profit thereby at the expense of other citizens. 

Section XIV. Either house may punish its members for dis¬ 
orderly behavior, and may, with the concurrence of two-thirds, 
expel a member; but not a second time for the same cause. 

Since members are exempted from arrest, either 
house is given the power to control its own mem¬ 
bers by expulsion, if necessary. One of our prin- 


Journal of 
Proceed¬ 
ings. 


No 

Secrecy. 


Conduct of 
Members. 


70 


THE MARCH OF DEMOCRACY 


Disorderly 

Punished. 


Unfore¬ 

seen 

Powers 

Delegated. 


Revenue 

Bills. 


ciples of government is that a court is never allowed 
a second opportunity to convict the -same person for 
the same cause. 

Section XV. Either house during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
guilty of disrespect to the house, by disorderly or contemptuous 
behavior in its presence; but such imprisonment shall not at any 
time exceed twenty-four hours. 

A certain dignity must be preserved by our law¬ 
makers. The chosen representatives of the people 
are entitled to insist on the respectful and orderly 
conduct of outsiders while either house is in session. 
It is usually sufficient to remove any disturber who 
persists in annoyance. 

Section XVI. Each house shall have all powers, necessary for 
a branch of the legislative department of a free and independent 
state. 

This clause anticipates difficulties that may arise 
for which this constitution has made no definite 
provision. 

Section XVII. Bills may originate in either house, but may 
be amended or rejected in the other; except that bills for raising 
revenues shall originate in the house of representatives. 

As in the federal government, all bills for the ex¬ 
penditure of money originates in the house of 
representatives. Because of the manner and mode 
of election of its members, this body was intended 
to be more representative of the people. The sen¬ 
ate, however, is given power to check such bills. 
All other bills may originate in either house, but are 
subject to action in the other. 


71 


CONSTITUTION OF INDIANA, 1851 

Section XVIII. Every bill shall be read, by sections, on three Bills 
several days, in each house; unless in case of emergency, two- Reading 
thirds of the house where such bill may be pending shall, by and Vote, 
vote of yeas and nays, deem it expedient to dispense with this 
rule; but the reading of a bill by sections, on its final passage, 
shall, in no case, be dispensed with; and the vote on the passage 
of every bill or joint resolution shall be taken by yeas and nays. 

In the rush of the final days of the session instead 
of reading the bills on three several days as this 
section provides, the rules are often suspended by 
a two-thirds vote. Many bills are passed in accord¬ 
ance with the last two requirements of the section. 

This is not the best practice because there is not 
sufficient time for the people to realize the effect 
of such bills and consult their representatives. 

Then it does not give the legislators themselves suf¬ 
ficient time for a thorough consideration to every 
measure. Less legislation, carefully planned and 
discussed, is productive of the best results. The 
work of hearing citizens who favor or oppose pro¬ 
posed legislation, revising bills, and reporting on 
them favorably or unfavorably is done largely in 
committees. 

Section XIX. Every act shall embrace but one subject, and 
matters properly connected therewith; which subject shall be 
expressed in the title. But if any subject shall be embraced in 
an act which shall not be expressed in the title, such act shall be 
void only as to so much thereof as shall not be expressed in the 
title. 

This paragraph requires every act to cover a 
single subject with the title worded to give the pub¬ 
lic in general an idea of the subject matter and lead 
to an inquiry as to the entire bill. This plan makes 


Laws Em¬ 
brace One 
Subject. 


Wording 
an Act. 


Amended 

Acts 

Published. 


Laws Not 
to be 
Passed. 


72 THE MARCH OF DEMOCRACY 

the language of acts more or less uniform and serves 
to guard against undesirable features that could be 
concealed from the average citizen when the bill 
is proposed. Again, acts do not embrace more than 
one subject because other laws may refer to the 
same subject and difficulty would be experienced 
in combining them. 

Section XX. Every act and joint resolution shall be plainly 
worded, avoiding, as far as practicable, the use of technical terms. 

The use of common terms, the meaning of which 
have been determined by the courts, cause less con¬ 
troversy. 

Section XXI. No act shall ever be revised or amended by 
mere reference to its title; but the act revised, or section 
amended, shall be set forth and published at full length. 

Publishing the entire act or section in its amended 
form rather than amending by title serves to avoid 
confusion. 

Section XXII. The general assembly shall not pass local or 
special laws, in any of the following enumerated cases, that is 
to say: 

Regulating the jurisdiction and duties of justices of the peace 
and of constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on highways, and for the 
election or appointment of supervisors; 

Vacating roads, town plats, streets, alleys and public squares; 

Summoning and empaneling grand and petit juries, and pro¬ 
viding for their compensation; 

Regulating county and township business; 


CONSTITUTION OF INDIANA, 1851 73 

Regulating the election of county and township officers, and 
their compensation; 

For the assessment and collection of taxes for state, county, 
township or road purposes; 

Providing for supporting common schools, and for the preserva¬ 
tion of school funds; 

In relation to fees or salaries; except that the laws may be so 
made as to grade the compensation of officers in proportion to 
the population, and the necessary services required; 

In relation to interest on money; 

Providing for opening and conducting elections of state, county, 
or township officers, and designating the places of voting; 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executors, 
administrators, guardians, or trustees. 

Experiences resulting from the first constitution 
caused the people to demand the right to make their 
local and special laws in local departments of gov¬ 
ernment. It is interesting to examine carefully each 
item and justify its restriction from action by the 
general assembly. 

Only laws of state-wide application and of a gen¬ 
eral nature are passed by the general assembly. 
Section XXIII below will help you form an opinion. 

Section XXIII. In all the cases enumerated in the preceding 
section, and in all other cases where a general law can be made 
applicable, all laws shall be general, and of uniform operation 
throughout the state. 

The legislature is required to make laws general 
throughout the state if possible. Citizens of repre¬ 
sentative governments favor uniformity in laws 
with few exceptions. 

Section XXIV. Provisions may be made, by general law, for 
bringing suit against the state, as to all liabilities originating after 


Laws 

General. 


Suits 
Against 
the State. 


74 


THE MARCH OF DEMOCRACY 


Majority 
Can Pass 
Bills. 


Protests 

Recorded. 


Public 

Laws. 


Publica¬ 
tion of 
Statutes. 


the adoption of this constitution; but no special act authorizing 
such suit to be brought, or making compensation to any person 
claiming damages against the state, shall ever be passed. 

Under this section an act was passed in 1889 au¬ 
thorizing suits against the state. Suits are brought 
in the Superior Court in Marion County and heard 
by all the judges, sitting together, who act as a 
jury. 

Section XXV. A majority of all the members elected to each 
house, shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed, by 
the presiding officers of the respective houses. 

A bill receiving the majority vote of both houses 
signed by the president of the senate and the 
speaker of the house is sent to the governor for his 
consideration. 

Section XXVI. Any member of either house shall have the 
right to protest, and to have his protest with his reasons for 
dissent, entered on the journal. 

A member in the minority is given an opportunity 
by this section to keep faith with the people who 
elected him, and the general public is permitted to 
consider and value his reasons for protest. 

Section XXVII. Every statute shall be a public law, unless 
otherwise declared in the statute itself. 

Public laws are general laws. Unless definitely 
stated in a bill that it applies to an individual case, 
it shall be considered general rather than specific. 

Section XXVIII. No act shall take effect, until the same shall 
have been published and circulated in the several counties of this 
state by authority, except in case of emergency; which emergency 
shall be declared in the preamble or in the body of the law. 


75 


CONSTITUTION OF INDIANA, 1851 

Acts which have an emergency clause become ef¬ 
fective as soon as signed by the governor. Other 
laws enacted by the general assembly are not ready 
to be made effective until after they are published, 
distributed, and filed with all the county clerks of 
the state. In this way the people are advised as to 
the provisions of the law, by the time it becomes 
effective, with the governor’s proclamation. 

Section XXIX. The members of the general assembly shall 
receive for their services, a compensation to be fixed by law; but 
no increase of compensation shall take effect during the session 
at which such increase may be made. No session of the general 
assembly, except the first under this constitution, shall extend 
beyond the term of sixty-one days, nor any special session beyond 
the term of forty days. 


The members of the general assembly receive six 
dollars per day and twenty cents per mile for a 
round trip from their homes and return. 

The time limit for a session is fixed by this sec¬ 
tion at sixty-one days for a regular session and forty 
days for a special, including Sundays and holidays. 
Members should not profit by salary increases made 
for themselves unless they receive the approval of 
the people by being elected for another term. Legis¬ 
lation is planned for public rather than private 
benefit. 

Section XXX. No senator or representative shall, during the 
term for which he may have been elected, be eligible to any office, 
the election to which is vested in the general assembly; nor shall 
he be appointed to any civil office of profit, which shall have been 
created or the emoluments of which shall have been increased, 


Pay of 
Members. 


When 
Members 
Are In¬ 
eligible. 


76 


THE MARCH OF DEMOCRACY 


Governor. 


Lieuten¬ 

ant-Gov¬ 

ernor. 

Time and 
Place of 
Election. 

Manner of 
Voting. 


during such term; but this latter provision shall not be construed 
to apply to any office elective by the people. 

This section does not allow a legislator to place 
his own interests or ambitions above those of the 
public he represents. Every effort is made to guard 
against private and personal gain. 

ARTICLE V 

EXECUTIVE 

Section I. The executive powers of the state shall be vested 
in a governor. He shall hold his office during four years, and 
shall not be eligible more than four years, in any period of 
eight years. 

The governor is the chief executive officer of the 
state, but in that capacity he does not bear nearly 
the same relation to the state as the President does 
to the nation. He receives his power from the legis¬ 
lature, has little control over his associates in office, 
and no immediate control over sheriffs, police offi¬ 
cers, or prosecutors. The use of the militia in exe¬ 
cuting the laws is his most effective source of power 
in an emergency. Note his term of office and eli¬ 
gibility to reelection. 

Section II. There shall be a lieutenant-governor, who shall 
hold his office during four years. 

Section III. The governor and lieutenant-governor shall be 
elected at the times and places of choosing members of the 
general assembly. 

Section IV. In voting for governor and lieutenant-governor, 
the electors shall designate, for whom they vote as governor, and 
for whom as lieutenant-governor. The returns of every election 
for governor and lieutenant-governor shall be sealed up 


CONSTITUTION OF INDIANA, 1851 77 

and transmitted to the seat of government, directed to the 
speaker of the house of representatives, who shall open and 
publish them in the presence of both houses of the general 
assembly. 

Section V. The persons, respectively, having the highest num¬ 
ber of votes for governor and lieutenant-governor, shall be 
elected; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the general 
assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons governor or lieutenant-governor, as the case 
may be. 

Section VI. Contested elections for governor or lieutenant- 
governor, shall be determined by the general assembly, in such 
manner as may be prescribed by law. 

Besides being president of the senate the lieuten¬ 
ant-governor, who is elected at the same time, in 
the same manner, with the same term and qualifi¬ 
cations as the governor, is also held in reserve to 
take his place and become acting governor in an 
emergency. According to Section IV both houses in 
joint assembly settle election contests and are final 
judges of the election of both officers. An unques¬ 
tioned majority elects, but in case of a contest or 
tie (Section V) between two candidates for the same 
office both houses by joint vote elect a governor and 
lieutenant-governor. Contests for these offices can¬ 
not be tried in the courts. 

Section VII. No person shall be eligible to the office of gov¬ 
ernor or lieutenant-governor who shall not have been five years 
a citizen of the United States, and also a resident of the state 
of Indiana during the five years next preceding his election; nor 
shall any person be eligible to either of the said offices, who 
shall not have attained the age of thirty years. 


Tie Vote. 


Election 

Contested. 


Qualifica¬ 

tions. 


78 


THE MARCH OF DEMOCRACY 


Office 

Holders 

Ineligible. 


Term of 

Office 

Begins. 


Vacancies. 


President 
of Senate. 


The minimum age of a governor is five years 
more than that of a senator, and his citizenship and 
residence requirements must extend over a much 
longer period. Throughout his term he is required 
to reside in Indianapolis. 

See Section VII, Article IV. 

Section VIII. No member of Congress, or person holding any 
office under the United States or under this state, shall fill the 
office of governor or lieutenant-governor. 

This is merely another way of stating part of 
Section IX, Article II. 

Section IX. The official term of the governor or lieutenant- 
governor shall commence on the second Monday of January, in 
the year one thousand eight hundred fifty-three; and on the same 
day every fourth year thereafter. 

The two officers are elected every four years the 
first Tuesday after the first Monday in November 
and do not take office until the second Monday in 
January. 

Section X. In case of the removal of the governor from office, 
or of his death, resignation, or inability to discharge the duties 
of the office, the same shall devolve on the lieutenant-governor; 
and the general assembly shall, by law, provide for the case of 
removal from office, death, resignation, or inability, both of the 
governor and lieutenant-governor, declaring what officer then 
shall act as governor; and such officer shall act accordingly, until 
the disability be removed or a governor be elected. 

Section XI. Whenever the lieutenant-governor shall act as 
governor, or shall be unable to attend as president of the senate, 
the senate shall elect one of its own members as president for 
the occasion. 

The lieutenant-governor holds a similar office to 
that of Vice-President of the United States. In case 


CONSTITUTION OF INDIANA, 1851 79 

of his inability to serve, the senate has the power 
to elect one of its own number president. When 
for the causes stated' the state is without both a 
governor and lieutenant-governor, the president of 
the senate acts as governor until the vacancy is 
filled. 

Section XII. The governor shall be commander-in-chief of 
the military and naval forces, and may call out such forces, to 
execute the laws, or to suppress insurrection or to repel invasion. 

A governor is given military power so that he can 
better enforce the laws and protect the citizens when 
public necessity requires it. 

Section XIII. He shall from time to time give to the general 
assembly information touching the condition of the state, and 
recommend such measures as he shall judge to be expedient. 

The governor’s message outlines his program and 
plans and treats of the problems and needs of the 
state, usually with suggestions or recommendations 
for their solution. His message is read before a 
joint session of the general assembly shortly after 
the session begins. Special messages are often sub¬ 
mitted during the session. Citizens should read the 
messages of their governor. 

Section XIV. Every bill which shall have passed the general 
assembly shall be presented to the governor; if he approve, he 
shall sign it; but if not, he shall return it, with his objections, to 
the house in which it shall have originated; which house shall 
enter the objections, at large, upon its journals, and proceed to re¬ 
consider the bill. If, after such reconsideration, a majority of all 
the members elected to that house shall agree to pass the bill, 
it shall be sent, with the governor’s objections, to the other house 


Governor 

Com¬ 

mander- 

in-chief. 


Governor’s 

Message. 


How Bills 

Become 

Laws. 


80 


THE MARCH OF DEMOCRACY 


Governor 

May- 

Demand 

Publicity. 


by which it shall likewise be reconsidered; and, if approved by a 
majority of all the members elected to that house, it shall be 
a law. If any bill shall not be returned by the governor within 
three days, Sundays excepted, after it shall have been presented 
to him, it shall be a law, without his signature, unless the general 
adjournment shall prevent its return; in which case it shall be 
a law, unless the governor, within five days next after such 
adjournment, shall file such bill, with his objections thereto, in 
the office of the secretary of state; who shall lay the same before 
the general assembly at its next session, in like manner as if it 
had been returned by the governor. But no bill shall be pre¬ 
sented to the governor, within two days next previous to the final 
adjournment of the general assembly. 

This section provides three ways by which a bill 
becomes a law: 

(1) When passed by both houses and signed by 
the governor; 

(2) When returned unsigned to the house in 
which it originated with the governor’s objections 
and, after reconsideration, is approved by a major¬ 
ity of both houses; 

(3) When passed by both houses and is retained 
by the governor for more than three days (Sundays 
excepted) while the legislature is in session. 

No bill shall be presented to the governor during 
the last two days of the session. If adjournment 
prevents the return of a bill, the governor is given 
five days to file objection with the secretary of 
state for consideration at the next session. The 
governor can only approve or veto a bill as a whole. 

Section XV. The governor shall transact all necessary busi¬ 
ness with the officers of government, and may require informa¬ 
tion in writing from the offices of the administrative department, 
upon any subject relating to the duties of their respective offices. 


81 


CONSTITUTION OF INDIANA, 1851 

The governor’s chief power over the officers of 
the administrative department is in his authority 
to demand information in writing relative to each 
department. This general power necessary in the 
proper transaction of the business of the state gives 
him an opportunity to know the conditions of any 
department and give publicity to irregularities. 

Section XVI. He shall take care that the laws be faithfully 
executed. 

Section XVII. He shall have the power to grant reprieves, 
commutations, and pardons, after conviction, for all offenses 
except treason and cases of impeachment, subject to such regu¬ 
lations as may be provided by law. Upon conviction for treason, 
he shall have power to suspend the execution of the sentence, 
until the case shall be reported to the general assembly, at its 
next meeting; when the general assembly shall either grant a 
pardon, commute the sentence, direct the execution of the 
sentence, or grant a further reprieve. He shall have power to 
remit fines and forfeitures, under such regulations as may be 
prescribed by law; and shall report to the general assembly, at 
its next meeting, each case of reprieve, commutation, or pardon 
granted, and also the names of all persons in whose favor remis¬ 
sion of fines and forfeitures shall have been made, and the 
several amounts remitted: Provided , however, That the general 
assembly may, by law, constitute a council, to be composed of 
officers of state, without whose advice and consent the governor 
shall not have power to grant pardons, in any case, except such 
as may, by law, be left to his sole power. 

Besides having the responsibility for the enforce¬ 
ment of the laws the governor may grant reprieves 
or delayed sentences, commuted or lessened sen¬ 
tences, and full pardons for all offenses committed 
against the state, but he cannot grant a pardon be¬ 
fore the conviction of the offender. He has the 


Execution 
of Laws. 
Pardoning 
Power. 


82 


THE MARCH OF DEMOCRACY 


Recess 

Appoint¬ 

ments. 


Duties of 
Lieu¬ 
tenant- 
Governor. 


advice of the state board of pardons consisting of 
three members appointed by himself for a term 
of four years. They investigate all petitions pre¬ 
sented to the governor and keep records on each 
case. In the judgment of the governor a prisoner 
may be set at liberty—that is, paroled—as long 
as he conducts himself properly. If he breaks his 
parole, he may be arrested and made to serve out 
his sentence without trial. 

Section XVIII. When, during a recess of the general assembly, 
a vacancy shall happen in any office, the appointment to which 
is vested in the general assembly; or when, at any time, a 
vacancy shall have occurred in any other state office, or in the 
office of judge of any court; the governor shall fill such vacancy, 
by appointment, which shall expire, when a successor shall have 
been elected and qualified. 

Section XIX. He shall issue writs of election to fill such 
vacancies as may have occurred in the general assembly. 

Section XX. Should the seat of government become dan¬ 
gerous from disease or a common enemy, he may convene the 
general assembly at any other place. 

When the general assembly is not in session the 
governor assumes its appointive powers. This en¬ 
ables the business of government to be conducted 
without undue delay. He may also change the 
place of meeting of the assembly if extraordinary 
conditions demand it. 

Section XXI. The lieutenant-governor shall, by virtue of his 
office, be president of the senate; have a right, when in com¬ 
mittee of the whole, to join in debate, and to vote on all subjects; 
and, whenever the senate shall be equally divided, he shall give 
the casting vote. 


CONSTITUTION OF INDIANA, 1851 83 

The lieutenant-governor is president of the sen¬ 
ate, votes on all subjects when in committee of 
the whole, and casts the deciding vote in case of a 
tie. It is not definitely settled as to whether he 
can vote on the passage of bills and joint resolu¬ 
tions in any case. 

Section XXII. The governor shall, at stated times, receive for 
his services a compensation, which shall neither be increased nor 
diminished, during the term for which he shall have been elected. 

Section XXIII. The lieutenant-governor, while he shall act 
as president of the senate, shall receive, for his services, the same 
compensation as the speaker of the house of representatives; and 
any person, acting as governor, shall receive the compensation 
attached to the office of governor. 

Section XXIV. Neither the governor nor lieutenant-governor 
shall be eligible to any other office, during the term for which he 
shall have been elected. 

The governor’s salary is fixed by law and is now 
, $8,000 per year. The salary of the lieutenant- 
governor is $1,000 per year in addition to eight 
dollars per day which he receives during the ses¬ 
sion. If he becomes governor, he receives the salary 
for that position. Restrictions on members of the 
assembly covering benefits from salary increases 
and holding other offices also apply to the governor 
and lieutenant-governor. 

ARTICLE VI 

ADMINISTRATIVE 

Section I. There shall be elected, by the voters of the state, 
a secretary, an auditor and a treasurer of state, who shall, sev¬ 
erally, hold their offices for two years. They shall perform such 
duties as may be enjoined by law; and no person shall be eligible 


Salary of 
Governor 
and Lieu¬ 
tenant- 
Governor. 


Eligibility 
to Other 
Offices. 


Secretary. 

Auditor. 

Treasurer. 


84 THE MARCH OF DEMOCRACY 

to either of said offices, more than four years in any period of 
six years. 

The officers mentioned in this section are elected 
for terms of two years, required to reside at Indian¬ 
apolis (Section V), and are limited to two terms in 
six years. Besides regular duties they are members 
of many important committees. 

The secretary of state is custodian of the Great 
Seal of Indiana and affixes it to all public docu¬ 
ments; keeps all state papers; distributes public 
documents to citizens requesting them; issues char¬ 
ters for corporations; issues automobile licenses. 
His salary is $6,500. 

The state auditor is “watchdog of the state treas¬ 
ury.” He is the state bookkeeper, intrusted with 
the disbursement and collection of all state funds. 
He supervises all state banks, trust companies, sav¬ 
ings banks, pawnbrokers, building and loan, and 
mortgage guarantee companies doing business in 
the state. His books must balance with those kept 
by the state treasurer, since he draws the warrants 
to be paid. Every two years he reports to the gen¬ 
eral assembly a complete statement of the income 
and possible expenditures of the state for the next 
two years, so that a budget can be prepared. His 
salary is $7,500. 

The state treasurer has charge of all state funds 
and pays them out on warrants issued by the audi¬ 
tor. He is required to deposit all money the next 
day after received in banks designated by the state 
board of finance, which is composed of the governor, 


85 


CONSTITUTION OF INDIANA, 1851 

auditor, and treasurer. All interest collected from 
banks on state funds is turned over to the state. 

His salary is $7,500. 

Section II. There shall be elected, in each county by the County 
voters thereof, at the time of holding general elections, a clerk Officers, 
of the circuit court, auditor, recorder, treasurer, sheriff, coroner, 
and surveyor. The clerk, auditor, and recorder shall continue in 
office four years; and no person shall be eligible to the office of 
clerk, recorder, or auditor more than eight years in any period 
of twelve years. The treasurer, sheriff, coroner, and surveyor shall 
continue in office two years; and no person shall be eligible to 
the office of treasurer or sheriff more than four years in any 
period of six years. 

The county is the largest local government with¬ 
in the state and touches directly the greatest num¬ 
ber of people. Indiana has ninety-two counties, 

Allen County being the largest and Ohio County 
the smallest. The principal work of the county is 
to construct and maintain roads, bridges, and county 
property; create townships; control local charity 
service; administer justice; levy and collect taxes; 
issue marriage licenses; record land titles; promote 
agriculture; control disease; register voters; and 
control elections. 

County officers are listed below, together with 
their duties. The number after each office indicates 
the length of term in years. 1 

The board of commissioners (3), consisting of 
three members from the three commissioner dis¬ 
tricts into which the county is divided, are the chief 
county officers and have general administrative 
charge of all the county work listed above. The 

J See Section IV for qualifications. 


86 THE MARCH OF DEMOCRACY 

county council (4), consisting of seven members, 
authorizes bond issues, passes on the budget, fixes 
the tax levy, and passes appropriation ordinances. 

The county board of education consists of the 
township trustees, the county superintendent of 
schools, and the president of each school board in 
the county. It holds monthly meetings with the 
county superintendent of schools as chairman and 
exercises general oversight of rural, village, elemen¬ 
tary, and high schools. 

The auditor (4) acts as bookkeeper and finance 
officer of the county. 

The clerk of circuit court (4) keeps all records 
of the courts, issues marriage, hunting, and fishing 
licenses, tabulates and preserves election returns, 
and is custodian of assembly session laws. 

The recorder (4) records all deeds, land trans¬ 
fers, mortgages, and farm names. 

The sheriff (2) is the “court messenger,” carries 
out all the orders of the courts, and is responsible 
for the prisoners and the county jail. He is the 
county police officer and has the same police powers 
in the county that police have in the city. 

The assessor (4) is president of the board of 
review, which equalizes assessments and hears tax 
complaints. The assessor supervises the work of 
valuing property for taxation purposes and in¬ 
structs and passes on to township assessors the in¬ 
structions of the state board of tax commissioners. 

The treasurer (2) collects all taxes due the state 
and other departments of government and pays out 


CONSTITUTION OF INDIANA, 1851 87 

and distributes to the departments of government 
this money on warrants issued by the auditor. 

The coroner (2) is called when a person is found 
dead under suspicious circumstances, and if violence 
is evident, other officers are called to fix the blame. 
The coroner can arrest the sheriff and is empowered 
with his duties in an emergency. 

The purveyor (2) is civil engineer of the county. 

The county school superintendent (4) is ap¬ 
pointed by the township trustees, visits and controls 
the schools, and has under his direction county at¬ 
tendance officers appointed by the county board. 

The county attorney, physician, health commis¬ 
sioner, and inspector of weights and measures, 
whose titles designate the nature of their duties, 
are appointed by the county commissioners for a 
term of one year. 

Section III. Such other county and township officers as may 
be necessary, shall be elected, or appointed, in such manner as 
may be prescribed by law. 

With the increasing population and demands on 
local government from time to time, it is neces¬ 
sary for the general assembly to create other county 
and township officers and commissions. There are 
1,016 townships in the ninety-two counties of the 
state. Township officers control the government of 
the township, having practically the same duties in 
a lesser capacity than the county officers. 

Section IV. No person shall be elected, or appointed, as a 
county officer, who shall not be an elector of the county; nor 
any one who shall not have been an inhabitant thereof, during 


Township 

Officers. 


Qualifica¬ 
tions of 
County 
Officers. 


88 


THE MARCH OF DEMOCRACY 


State 

Officers’ 

Residence. 


Other 

Officers’ 

Residence. 


Impeach¬ 
ment of 
State and 
Local 
Officers. 


one year next preceding his appointment, if the county shall have 
been so long organized; but if the county shall not have been 
so long organized, then within the limits of the county or 
counties out of which the same shall have been taken. 

County officers must have the qualifications of a 
legal voter, and have resided in the district, one year 
preceding their election or appointment. See Sec¬ 
tion II. 

Section V. The governor, and the secretary, auditor, and 
treasurer of state shall, severally, reside and keep the public 
records, books, and papers, in any manner relating to the respec¬ 
tive offices, at the seat of government. 

The above-mentioned officers must reside at 
Indianapolis while performing the duties of their 
offices. 

Section VI. All county, township, and town officers, shall 
reside within their respective counties, townships, and towns; 
and shall keep their respective offices at such places therein, and 
perform such duties, as may be directed by law. 

In England an officer may live outside the district, 
but we justify the requirement of this section on 
the grounds that a resident of the district is in closer 
touch with, and appreciates more, the problems con¬ 
fronting the people he represents. 

Section VII. All state officers shall, for crime, incapacity, or 
negligence, be liable to be removed from office, either by impeach¬ 
ment by the house of representatives, to be tried by the senate, 
or by a joint resolution of the general assembly; two-thirds of 
the members elected to each branch voting, in either case, 
therefor. 

Section VIII: All state, county, township, and town officers, 
may be impeached, or removed from office, in such manner as 
may be prescribed by law. 


CONSTITUTION OF INDIANA, 1851 89 

The above sections permit the people through 
their representatives to remove those incapable of 
representing them. 

The house of representatives makes the charges, 
and the senate acts as a jury in one case but the 
general assembly acts in the case of a joint reso¬ 
lution. 

If conditions warrant, an officer can be removed 
from office by a two-thirds vote. 

Section IX. Vacancies in county, township, and town offices 
shall be filled in such manner as may be prescribed by law. 

Counties have no powers or duties except such 
as are delegated and conferred by the legislature. 
The nature of the office, the length of term, and 
whether the officer is elected or appointed has much 
to do with the way the vacancy is filled. 

Section X. The general assembly may confer upon the boards 
doing county business in the several counties, powers of a local, 
administrative character. 

Acts permitting county boards to create new 
counties, to order improvement of highways, and 
to establish homes for the needy have been held 
in accord with this section. 

Such boards as the board of county commissions 
and the county council whose duties are outlined 
elsewhere have been authorized under this section. 

ARTICLE VII 

JUDICIAL 

Section I. The judicial power of the state shall be vested in 
a supreme court, circuit courts, and in such other courts as the 
general assembly may establish. 


Local 

Vacancies., 


County 

Boards. 


Judicial 

Powers. 


90 


THE MARCH OF DEMOCRACY 


Supreme 

Court. 


Judicial 

Districts. 


Juris¬ 

diction. 


Decisions 
in Writing 


The judicial system consists of a supreme court, 
an appellate court of six judges, seventy-three cir¬ 
cuit courts, thirteen superior courts, two criminal 
courts, two special probate courts, and one juvenile 
court; justices of peace; grand and petit juries; pros¬ 
ecuting attorneys; jury commissioners; probation 
officers; and other cooperating officers. 

Section II. The Supreme Court shall consist of not less than 
three, nor more than five judges; a majority of whom shall form 
a quorum. They shall hold their offices for six years, if they 
so long behave well. 

Section III. The state shall be divided into as many districts 
as there are judges of the Supreme Court; and such districts shall 
be formed of contiguous territory, as nearly equal in population, 
as, without dividing a county, the same can be made. One of 
said judges shall be elected from each district, and reside therein; 
but said judges shall be elected by the electors of the state at 
large. 

The Supreme Court, the highest court in Indiana, 
consists of five judges elected for six years begin¬ 
ning on the first Monday of January after election. 
The state is divided into five districts of contiguous 
territory and of equal population as near as county 
lines will permit. One judge is nominated in each 
district but is elected by the voters of the entire 
state. 

Section IV. The Supreme Court shall have jurisdiction, co¬ 
extensive with the limits of the state, in appeals and writs of 
error, under such regulations and restrictions as may be pre¬ 
scribed by law. It shall also have such original jurisdiction as 
the general assembly may confer. 

Section V. The Supreme Court shall, upon the decision of 
every case, give a statement in writing of each question arising 
in the record of such case, and the decisions of the court thereon. 


CONSTITUTION OF INDIANA, 1851 91 

Section VI. The general assembly shall provide, by law, for 
the speedy publication of the decisions of the Supreme Court, 
made under this constitution; but no judge shall be allowed to 
report such decision. 

The Supreme Court holds two sessions, annually, 
beginning in May and November. At the begin¬ 
ning of each session, the judges select one of their 
number as chief justice until all have served in 
turn. This court has jurisdiction, or the right to 
exercise its authority throughout the state in ap¬ 
peals from lower courts. It has original jurisdic¬ 
tion 1 in cases involving constitutionality of law and 
in other special cases. A written decision is required 
in each case. All the cases for the term are edited 
and published by the reporter of the court in one 
volume and added to the series known as “Indiana 
Reports.” 

Owing to the increase in business the legislature 
has created an appellate court to relieve the Su¬ 
preme Court, consisting of six members, three to 
be elected from each of the two state districts. The 
organization of this court is practically the same as 
the Supreme Court. 

Section VII. There shall be elected by the voters of the state, 
a clerk of the Supreme Court, who shall hold his office four years, 
and whose duties shall be prescribed by law. 

All briefs, records, and other official documents 
are kept by the clerk. 

Jurisdiction of a court is: (1) Original, if the case must 
begin there; (2) appellate, if the case has been tried in a lower 
court and has come up on appeal; (3) concurrent, when there 
are two or more courts having the same power; (4) final, when 
there is no chance of appeal to a higher court. 


Indiana 

Reports. 


Clerk of 
Supreme 
Court. 


92 


THE MARCH OF DEMOCRACY 


Circuit 

Courts. 

Circuit 

Judges. 


Special 

Judges. 


Prosecut¬ 
ing Attor¬ 
neys. 


Section VIII. The circuit courts shall each consist of one 
judge and shall have such civil and criminal jurisdiction as may 
be prescribed by law. 

Section IX. The state shall, from time to time, be divided 
into judicial circuits; and a judge for each circuit shall be elected 
by the voters thereof. He shall reside within the circuit, and shall 
hold his office for the term of six years, if he so long behave well. 

Section X. The general assembly may provide, by law, that 
the judge of one circuit may hold the courts of another circuit, 
in cases of necessity or convenience; and in case of temporary 
inability of any judge, from sickness or other cause, to hold the 
courts in his circuit, provision may be made, by law, for holding 
such courts. 

Circuit judges are nominated at the primaries. 
Each county is entitled to one judge elected at the 
general election by the voters of the circuit for a 
term of six years. A circuit consists of one or more 
counties, depending on the population and needs of 
the district. Circuit courts have original exclusive 
jurisdiction in all cases of law and equity including 
criminal cases, actions for divorce, settlement of 
estates, and guardianships. They also hear cases 
appealed from justices of peace and city courts. 
The legislature has power to provide special judges, 
where it is deemed necessary. In large cities where 
the circuit courts are not sufficient the legislature 
has created superior courts. These courts have con¬ 
current jurisdiction with the circuit courts. 

Section XI. There shall be elected, in each judicial circuit, 
by the voters thereof, a prosecuting attorney, who shall hold his 
office for two years. 

A prosecuting attorney is intrusted with repre¬ 
senting the state in prosecuting all criminals and 
other violations of the state laws. 


CONSTITUTION OF INDIANA, 1851 93 

Section XII. Any judge, or prosecuting attorney, who shall 
have been convicted of corruption or other high crime, may, on 
information in the name of the state, be removed from office 
by the Supreme Court, or in such other manner as may be pre¬ 
scribed by law. 

The public demands that officers empowered to 
interpret the laws and prosecute those who violate 
them shall be removed from office if they violate 
their oath of office. 

Section XIII. The judges of the Supreme Court and circuit 
courts shall, at stated times, receive a compensation, which shall 
not be diminished during their continuance in office. 

The salary of a judge of the Supreme Court is 
$6,000 and of the circuit court, $4,200. 

Section XIV. A competent number of justices of the peace 
shall be elected, by the voters in each township in the several 
counties. They shall continue in office four years, and their 
powers and duties shall be prescribed by law. 

Justices of the peace are township officers elected 
for four years. The number for each township is 
fixed by the county commissioners. The jurisdic¬ 
tion of this court is limited to petty civil and crim¬ 
inal cases where the damage or amount involved 
does not exceed one hundred dollars. The constable 
enforces the orders of this court. Jury trials may 
be held, the jury being limited to six members. 

Section XV. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Section XVI. No person elected to any judicial office, shall, 
during the term for which he shall have been elected, be eligible 
to any office of trust or profit, under the state, other than a 
judicial office. 


Removal 
of Judges. 


Pay of 
Judges. 


Justices 
of the 
Peace. 


Judges 

also 

Officers. 

When In¬ 
eligible. 


94 


THE MARCH OF DEMOCRACY 


Grand 

Jury. 


Criminal 

Prose¬ 

cutions. 


Courts of 
Con¬ 
ciliation. 


Revisions 
of Laws. 


Judges may arrest disturbers of the peace without 
warrants and for crimes committed in their presence, 
but can detain such violators only for a reasonable 
time necessary to secure a warrant. A judge, like 
other constitutional officers, occupies but one state 
position. 

Section XVII. The general assembly may modify, or abolish, 
the grand jury system. 

A grand jury is composed of citizens of the county, 
who investigate reported violations of the criminal 
laws. The proceedings are secret, just one side of 
the case is heard, and if there is sufficient evidence 
to justify the expense of a public trial, an indict¬ 
ment is returned. 

Section XVIII. All criminal prosecutions shall be carried on, 
in the name, and by the authority of the state, and the style of 
all processes shall be: “The State of Indiana.” 

This section requires prosecution in the name of 
the state as the offended party. In this way the 
public unites in the prosecution of persons commit¬ 
ting crimes against society. 

Section XIX. Tribunals of conciliation may be established, 
with such powers and duties as shall be prescribed by law; or 
the powers and duties of the same may be conferred upon other 
courts of justice; but such tribunals or other courts, when sitting 
as such, shall have no power to render judgment to be obligatory 
on the parties, unless they voluntarily submit their matters of 
difference, and agree to abide the judgment of such tribunal or 
court. 

Section XX. The general assembly, at its first session after 
the adoption of this constitution, shall provide for the appoint- 


CONSTITUTION OF INDIANA, 1851 95 

ment of three commissioners, whose duty it shall be to revise, 
simplify, and abridge, the rules, practice, pleadings, and forms, 
of the courts of justice. And they shall provide for abolishing 
the distinct forms of action at law, now in use; and that justice 
shall be administered in a uniform mode of pleading, without 
distinction between law and equity. And the general assembly 
may, also, make it the duty of said commissioners to reduce into 
a systematic code, the general statute law of the state; and said 
commissioners shall report the result of their labors to the general 
assembly, with such recommendations and suggestions, as to the 
abridgment and amendment, as to said commissioners may seem 
necessary or proper. Provision shall be made, by law, for filling 
vacancies, regulating the tenure of office, and the compensation 
of said commissioners. 

Section XIX permits a board of arbitration to be 
established but with no power to enforce decisions. 
Section XX provides for the standardization and 
uniformity in court procedure. 

Section XXI. Evefy person of good moral character, being a 
voter, shall be entitled to admission to practice law in all courts 
of justice. 

Efforts have been made to provide more exacting 
requirements than being merely a voter in order 
to be admitted to the bar. Many of the states are 
far more exacting in their requirements. 

ARTICLE VIII 

EDUCATION 

Section I. Knowledge and learning, generally diffused through¬ 
out a community, being essential to the preservation of a free 
government; it shall be the duty of the general assembly to 
encourage, by all suitable means, moral, intellectual, scientific, 
and agricultural improvement; and to provide, by law, for a 


Lawyers’ 

Qualifica¬ 

tions. 


Common 

Schools. 


96 


THE MARCH OF DEMOCRACY 


Common 

School 

Fund. 


general and uniform system of common schools, wherein tuition 
shall be without charge, and equally open to all. 

Indiana, in the constitution of 1816, was the first 
to throw safeguards around school funds, and made 
its beginning then as a state doing noteworthy 
things in education. It laid the mandate on the 
legislature, “as soon as circumstances will permit, 
to provide by law for a general system of educa¬ 
tion ascending in regular graduation from township 
schools to a state university, wherein tuition shall 
be gratis and equally open to all.” Under the above 
provision no great amount of progress was made 
other than creating influences that made this sec¬ 
tion the basis of education. Since then progress 
has been rapid. To-day the schools of Indiana rank 
with the best, and many notable men and women 
known throughout the world owq their preparation 
to its schools. 

Section II. The common school fund shall consist of: the 
congressional township fund, and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hundred 
and fourteenth section of the charter of the state bank of 
Indiana; 

The fund to be derived from the sale of county seminaries, and 
the moneys and property heretofore held for such seminaries; 
from the fines assessed for breaches of the penal laws of the 
state; and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the state, for 
want of heirs or kindred entitled to the inheritance; 

All lands that have been, or may hereafter be, granted to the 
state, where no special purpose is expressed in the grant, and the 
proceeds of the sales thereof; including the proceeds of the sales 
of the swamp lands, granted to the state of Indiana by the act 


CONSTITUTION OF INDIANA, 1851 97 

of Congress of the 28th of September, 1850, after deducting the 
expense of selecting and draining the same; 

Taxes on the property of corporations, that may be assessed by 
the general assembly for common school purposes. 

Section III. The principal of the common school fund shall 
remain a perpetual fund, which may be increased, but shall never 
be diminished; and the income thereof shall be inviolably appro¬ 
priated to the support of common schools, and to no other 
purpose whatever. 

The Ordinance of 1787 set aside a thirty-sixth 
part of all lands for the maintenance of public 
schools. In 1825 this consisted of 650,317 acres of 
land in Indiana^ which was unfortunately sold, when 
the state was poor, for less than two and one-half 
million dollars. From swamp lands, saline lands, 
bank taxes, fines, surplus revenue funds, forfeitures, 
unclaimed estates, this fund has been added to until 
now it is about ten millions. 

Section II specifies the sources that make up the 
common school fund, the interest only being used, 
as provided in Section III, to support schools. 

Section IV. The general assembly shall invest, in some safe 
and profitable manner, all such portions of the common school 
fund as have not heretofore been intrusted to the several coun¬ 
ties; and shall make provisions, by law, for the distribution, 
among the several counties, of the interest thereof. 

If the land set aside for schools by the Ordinance 
of 1787 had been safeguarded after 1820 as well 
as the funds are safeguarded in this section, schools 
could be supported to-day at a much lower rate of 
taxation. Income on the present fund is divided 
among the counties, cities, and districts, according 
to the number of children in the schools. 


Principal 
Not Used. 


Invest¬ 
ment Dis¬ 
tribution. 


98 


THE MARCH OF DEMOCRACY 


When Re¬ 
invested. 


Counties ’ 
Liability. 


Trust 

Funds. 


Superin¬ 
tendent of 
Public 
Instruc¬ 
tion, 


Section V. If any county shall fail to demand its proportion 
of such interest, for common school purposes, the same shall be 
reinvested, for the benefit of such county. 

This section definitely provides that a fund once 
set aside for a county cannot be used elsewhere. 

Section VI. The several counties shall be held liable for the 
preservation of so much of the said fund as may be intrusted 
to them, and for the payment of the annual interest thereon. 

Counties are intrusted with certain funds or lands, 
being held accountable for the fund and the income. 

Section VII. All trust funds, held by the state, shall remain 
inviolate, and be faithfully and exclusively applied to the pur¬ 
poses for which the trust was created. 

Early experiences made the makers of this consti¬ 
tution doubly careful in safeguarding trust funds 
and fulfilling the obligations attached thereto. 

Section VIII. The general assembly shall provide for the 
election, by the voters of the state, of a state superintendent of 
public instruction; who shall hold his office for two years, and 
whose duties and compensation shall be prescribed by law. 

The state superintendent of public instruction is 
official head of the school system of the state. He 
is elected by popular vote for a period of two years. 
He is president of the state board of education 
which consists of thirteen members, seven of whom 
are prominent school men of the state by right of 
the positions they hold. Of the remaining members 
appointed by the governor, two must have been 
engaged in common school work and one, a county 
superintendent. Three others must be interested 
in education, of which one represents the employees; 


CONSTITUTION OF INDIANA, 1851 99 

another, the employers. This board examines and 
licenses teachers, adopts textbooks, establishes 
courses of study, and has general control of the 
schools. 


ARTICLE IX 

STATE INSTITUTIONS 

Section I. It shall be the duty of the general assembly to 
provide, by law, for the support of Institutions for the education 
of the deaf and dumb, and of the blind; and also for the treat¬ 
ment of the insane. 

Institutions for the deaf and blind are located 
at Indianapolis, and hospitals for treatment of the 
insane are located at Indianapolis, Logansport, 
Richmond, Evansville, and North Madison. 

Section II. The general assembly shall provide houses of 
refuge, for the correction and reformation of juvenile offenders. 

A boys’ school for the correction of youth is lo¬ 
cated at Plainfield and one for girls at Clermont. 
Besides this the state maintains a number of other 
institutions, both charitable and correctional. 

Section III. The county boards shall have power to provide 
farms, as an asylum, for those persons, who, by reason of age, 
infirmity, or other misfortune, have claims upon the sympathies 
and aid of society. 

Each county maintains a home to care for those 
who, because of misfortune, declining years, and in¬ 
firmity, do not have the means and ability to sup¬ 
port themselves. 


Benevo¬ 
lent Insti¬ 
tutions. 


Houses of 
Refuge. 


County 

Homes. 



Assess¬ 
ment and 
Taxation. 


Payment 
of Public 
Debt. . 


100 THE MARCH OF DEMOCRACY 

ARTICLE X 

FINANCE 

Section I. The general assembly shall provide, by law, for 
a uniform and equal rate of assessment and taxation, and shall 
prescribe such regulations as shall secure a just valuation for 
taxation of all property, both real and personal, excepting such 
only for municipal, educational, literary, scientific, religious or 
charitable purposes, as may be specially exempted by law. 


Property is now assessed on the basis of its true 
cash value, meaning one hundred per cent valua¬ 
tion. The rate per $100 assessed valuation must be 
uniform in the taxing unit in which it is levied. 

Assessing property means putting a value on it 
for purposes of taxation by the township officer 
who comes to your home. County and state agen¬ 
cies value properties of corporations, railroads, and 
others whose properties are extensive. 

The tax levy is an official statement of the 
amount necessary to be raised by taxation, and the 
rate is computed by finding how much must be paid 
on each $100 assessed valuation of real and personal 
property necessary to realize the levy. Taxes are 
paid to the county treasurer. 

Section II. All the revenues derived from the sale of any of 
the public works belonging to the state, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the treasury, derived from taxation for general state purposes, 
after the payment of the ordinary expenses of the government, 
and of the interest on bonds of the state, other than bank bonds, 
shall be annually applied, under the direction of the general 
assembly, to the payment of the principal of the public debt. 


CONSTITUTION OF INDIANA, 1851 101 

Surplus funds are to be applied on the public 
debt by action of the assembly. 

Section III. No money shall be drawn from the treasury, but 
in pursuance of appropriations made by law. 

The treasurer can pay money from state funds 
only when a properly authorized warrant is pre¬ 
sented. 

Section IV. An accurate statement of the receipts and ex¬ 
penditures of the public money shall be published with the laws 
of each regular session of the general assembly. 

Such statements are embodied in the year book 
of the state of Indiana. Each department of gov¬ 
ernment maintained wholly or partly by state funds 
is required to submit a report of income and ex¬ 
penditures to the governor, which are standardized 
for publication by the legislative reference bureau. 

Section V. No law shall authorize any debt to be contracted, 
on behalf of the state, except in the following cases: To meet 
casual deficits in the revenue; to pay the interest on the state 
debt; to repel invasion, suppress insurrection, or, if hostilities 
be threatened, provide for public defense. 

The credit of a state must be protected so that 
it can be used to provide for unforeseen emergen¬ 
cies. 

Section VI. No county shall, subscribe for stock in any incor¬ 
porated company, unless the same be paid for at the time of 
such subscription; nor shall any county loan its credit to any 
incorporated company, nor borrow money for the purpose of 
taking stock in any such company; nor shall the general assembly 
ever, on behalf of the state, assume the debts of any county, 
. city, town or township, nor of any corporation whatever. 


Appropria¬ 

tions. 


Financial 

Statement. 


Debt 

Forbidden. 


Subscrip¬ 
tions Pro¬ 
hibited. 


102 


THE MARCH OF DEMOCRACY 


Wabash 
and Erie 
Canal. 


Incorpora¬ 
tion of 
Banks. 


General 

Banking 

Law. 

Registry 
of Notes. 


The makers of the constitution realized that a 
state’s credit determines its existence, and were 
careful to protect it from private interests. 

Section VII. No law or resolution shall ever be passed by 
the general assembly of the state of Indiana, that shall recognize 
any liability of this state to pay or redeem any certificate of stock 
issued in pursuance of an act entitled “An act to provide for 
the funded debt of the state of Indiana, and for the completion 
of the Wabash and Erie Canal to Evansville,” passed January 19, 

1846, and an act supplemental to said act, passed January 29, 

1847, which, by the provisions of the said acts, or either of them, 
shall be payable exclusively from the proceeds of the canal lands, 
and the tolls and revenues of the canal in said acts mentioned, 
and no such certificate of stocks shall ever be paid by this state. 

This section was not part of the original consti¬ 
tution but was added in 1873 to remove all doubt 
that the state would assume any financial respon¬ 
sibility for stocks issued to complete the canal. 

ARTICLE XI 

CORPORATIONS 

Section I. The general assembly shall not have power to 
establish, or incorporate any bank, or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this constitution. 

Section II. No bank shall be established otherwise than 
under a general banking law, except as provided in the fourth 
section of this article. 

Section III. If the general assembly shall enact a general 
banking law, such law shall provide for the registry and coun¬ 
tersigning, by an officer of state, of all paper credit designed to 
be circulated as money; and ample collateral security, readily 
convertible into specie, for the redemption of the same in gold 


CONSTITUTION OF INDIANA, 1851 103 


or silver, shall be required; which collateral security shall be 
under the control of the proper officer or officers of state. 

Section IV. The general assembly may also charter a bank 
with branches, without collateral security, as required in the 
preceding section. 

Section V. If the general assembly shall establish a bank with 
branches, the branches shall be mutually responsible for each 
other’s liabilities, upon all paper credit issued as money. 

All institutions intrusted with the money and 
savings of citizens must be properly authorized by 
the secretary of state and supervised by the auditor. 
Surety companies and private banks qualify with 
the auditor. 

Reports from the banks are required, and bank 
examiners visit banks and investigate conditions at 
least twice a year. A specified capital is required 
and certain other restrictions are placed on the or¬ 
ganizers of the different types of banks. Bank 
funds must be invested in approved securities. 

Section VI. The stockholders in every bank, or banking com¬ 
pany shall be individually responsible, to an amount, over and 
above their stock, equal to their respective shares of stock, for 
all debts or liabilities of said bank or banking company. 

A stockholder is not only responsible for the stock 
he holds in a bank but for even a greater amount to 
secure depositors against loss. 

Section VII. All bills or notes issued as money shall be, at all 
times, redeemable in gold or silver; and no law shall be passed, 
sanctioning, directly or indirectly, the suspension, by any bank 
or banking company, of specie payments. 

The fact that bills, notes, and checks for money 
can be redeemed at any time gives them unques¬ 
tioned security in the minds of the people. 


Bank 

Branches. 

Branches 

Mutually 

Respon¬ 

sible. 


Liabili¬ 
ties of 
Stock¬ 
holders. 


Redemp¬ 

tion. 


104 


THE MARCH OF DEMOCRACY 


Preference. 


Interest. 


Twenty 

Years’ 

Limita¬ 

tions. 


Trust 

Funds. 


State Not 
a Stock¬ 
holder. 


General 

Laws. 


Section VIII. Holders of bank notes shall be entitled, in case 
of insolvency, to preference of payment over all other creditors. 

When the doors of a bank in a failing condition 
are closed by the auditor, an application is made 
to the proper court for a receiver. The receiver 
is required to pay the holders of bank notes before 
any other obligations are paid. 

Section IX. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by law, to indi¬ 
viduals loaning money. 

Violation of this section is called “usury.” 

Section X. Every bank or banking company, shall be required 
to cease all banking operations, within twenty years from the 
time of its organization, and promptly thereafter to close its 
business. 

Banks can be re-incorporated. 

Section XI. The general assembly is not prohibited from 
investing the trust funds in a bank with branches; but in case 
of such investment, the safety of the same shall be guaranteed 
by unquestionable security. 

Section XII. The state shall not be a stockholder in any bank, 
after the expiration of the present bank charter; nor shall the 
credit of the state ever be given, or loaned, in aid of any person, 
association or corporation; nor shall the state hereafter become 
a stockholder in any corporation or association. 

Both sections better safeguard the interests of 
the public. One protects its funds, the other its 
credit. 

Section XIII. Corporations, other than banking, shall not be 
created by special act, but may be formed under general laws. 

This section applies to municipal corporations or 
those created for public rather than private pur¬ 
poses. 


105 


CONSTITUTION OF INDIANA, 1851 

Section XIV. Dues from corporations, other than banking, 
shall be secured by such individual liability of the corporators, 
or other means, as may be prescribed by law. 

The legislature has the power to determine the 
liability of incorporators. 

ARTICLE XII 

MILITIA 

Section I. The militia shall consist of all able-bodied white 
male persons, between the ages of eighteen and forty-five years, 
except such as may be exempted by the laws of the United States, 
or of this state; and shall be organized, officered, armed, equipped, 
and trained, in such manner as may be provided by law. 

This paragraph provides for a militia to keep 
peace within the state and protect the lives and 
property of its citizens. 

Section II. The governor shall appoint the adjutant, quarter¬ 
master, and commissary generals. 

Section III. All militia officers shall be commissioned by the 
governor, and shall hold their offices not longer than six years. 

Section IV. The general assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat¬ 
talions, and companies, and fix the rank of all staff officers. 

Section V. The militia may be divided into classes of seden¬ 
tary and active militia, in such manner as shall be prescribed by 
law. 

Section VI. No person, conscientiously opposed to bearing 
arms, shall be compelled to do militia duty; but such person 
shall pay an equivalent for exemption; the amount to be pre¬ 
scribed by law. 

The above paragraphs outline the organization 
of the state military forces. The general assembly 
has authority to change the organization from time 
to time to make it consistent with the plans of the 
federal government. 


Individual 

Liability. 


Organiza¬ 

tion. 


Governor’s 
Aids. 
Commis¬ 
sions. 
Division oi 
Militia. 

Classes of 
Militia. 

Exemp¬ 

tion. 


106 


THE MARCH OF DEMOCRACY 


Municipal 

Debt. 


State 

Bound¬ 

aries. 


ARTICLE XIII 

POLITICAL AND MUNICIPAL CORPORATIONS 

Section I. No political or municipal corporation in this state 
shall ever become indebted in any manner or for any purpose 
to an amount in the aggregate exceeding two per centum on the 
value of taxable property within such corporation, to be ascer¬ 
tained by the last assessment for state and county taxes, previous 
to the incurring of such indebtedness, and all bonds or obligations 
in excess of such amount given by such corporations shall be 
void: Provided, That in time of war, foreign invasion, or other 
great public calamity, on petition of a majority of the property 
owners, in number and value, within the limits of such corpora¬ 
tion. The public authorities, in their discretion, may incur obli¬ 
gations necessary for the public protection and defense to such 
an amount as may be requested in such petition. 

The limitation of this article on the indebtedness 
of cities keeps the expenditures within due bounds. 
This article places a limitation on the bonds that 
can be issued for building schools, but the debt 
of a school city is not considered a part of the cor¬ 
responding civil city. Indebtedness for improving 
streets and building roads does not come within 
this article. 


ARTICLE XIV 

BOUNDARIES 

Section I. In order that the boundaries of the state may be 
known and established, it is hereby ordained and declared, that 
the state of Indiana is bounded, on the east, by the meridian 
line which forms the western boundary of the state of Ohio; on 
the south, by the Ohio River, from the mouth of the Great Miami 
River to the mouth of the Wabash River; on the west, by a line 
drawn along the middle of the Wabash River, from its mouth 
to a point where a due north line, drawn from the town of 


CONSTITUTION OF INDIANA, 1851 107 

Vincennes, would last touch the northwestern shore of said 
Wabash River; and, thence by a due north line, until the same 
shall intersect an east and west line, drawn through a point ten 
miles north of the southern extreme of Lake Michigan; on the 
north, by said east and west line, until the same shall intersect 
the first mentioned meridian line, which forms the western 
boundary of the state of Ohio. 

Section II. The state of Indiana shall possess jurisdiction, 
and sovereignty co-extensive with the boundaries declared in the 
preceding section; and shall have concurrent jurisdiction, in civil 
and criminal cases, with the state of Kentucky on the Ohio River, 
and with the state of Illinois on the Wabash River, so far as said 
rivers form the common boundary between this state and said 
states respectively. 

Congress divided the Northwest Territory and 
determined the boundaries of Indiana as given in 
the first section. This article is placed in this con¬ 
stitution to avoid any misunderstanding. Low- 
water mark on the north side of the Ohio River is 
the southern boundary of the state. In Section II 
authority is given’ the state to enforce its laws 
within its boundaries and to cooperate with Ken¬ 
tucky on the Ohio River and Illinois on the Wabash, 
so that the river boundaries will be properly con¬ 
trolled to the interests of both states. 

ARTICLE XV 

MISCELLANEOUS 

Section I. All officers, whose appointment is not otherwise 
provided for in this constitution, shall be chosen in such manner 
as now is, or hereafter may be, prescribed by law. 

Section II. When the duration of any office is not provided 
for by this constitution, it may be declared by law; and, if not 
so declared, such office shall be held during the pleasure of the 


Jurisdic¬ 

tions. 


Official 
Appoint¬ 
ments. 
Duration 
of Office. 


108 


THE MARCH OF DEMOCRACY 


Holding 

Over. 


Oath of 
Office. 


Seal. 


authority making the appointment. But the general assembly 
shall not create any office, the tenure of which shall be longer 
than four years. 

Section III. Whenever it is provided in this constitution, or 
in any law which may be hereafter passed, that any officer, other 
than a member of the general assembly, shall hold his office for 
any given term, the same shall be construed to mean that such 
officer shall hold his office for such term, and until his successor 
shall have been elected and qualified. 

The legislature cannot appoint local officers, but 
this section does not prevent the legislature from 
authorizing the governor or boards to appoint cer¬ 
tain officers whose selection is not provided for in 
the constitution. Section II does not apply to an 
office created without the length of term fixed. If 
the length of the term is fixed for an office created 
by the assembly, it cannot exceed four years. 

Section III entitles an officer to hold over until 
his successor is elected and qualified. 

Section IV. Every person elected or appointed to any office 
under this constitution shall, before entering on the duties thereof, 
take an oath of affirmation, to support the constitution of this 
state, and of the United States, and also an oath of office. 

You have learned elsewhere why the word “affir¬ 
mation” is used. The “Constitution of the United 
States” is inserted to remind a public officer of 
Indiana’s relation to the nation, and to keep him 
ever mindful of his obligation to the nation as well 
as the state. 

Section V. There shall be a Seal of the state, kept by the 
governor for official purposes, which shall be called the Seal of 
the State of Indiana. 


CONSTITUTION OF INDIANA, 1851 109 

Section VI. All commissions shall issue in the name of the 
state, shall be signed by the governor, sealed by the State Seal, 
and attested by the secretary of state. 

The above paragraph lists the documents that 
must have an imprint of the State Seal by its proper 
officer, the secretary of state. All such documents 
must be signed by the governor, the chief executive 
officer of the state, and the secretary of state, the 
custodian of the Great Seal. 

Section VII. No county shall be reduced to an area less than 
four hundred square miles; nor shall any county, under that 
area, be further reduced. 

The size of a county must be kept within the lim¬ 
its required by this section. The boundaries of a 
county may be changed or a new county created 
or territory transferred from one county to another 
if the proposition is approved by a majority of the 
voters affected in each case. 

Section VIII. No lottery shall be authorized, nor shall the 
sale of lottery tickets be allowed. 

This form of gambling was at one time very ex¬ 
tensive. The evils of gambling are well known. 
This paragraph protects those citizens who do not 
have the foresight or the desire to safeguard their 
own interests. The best citizen does not “take 
chances”; he requires something of value for his 
money. This section is in the interests of good 
citizenship. 

Section IX. The following grounds owned by the state in 
Indianapolis, namely: the State House Square, the Governor’s 
Circle, and so much of outlot numbered one hundred forty- 
seven, as lies north of the arm of the Central Canal, shall not be 
sold or leased. 


Commis¬ 

sions. 


Area of 
County. 


Lotteries. 


Public 

Grounds. 


Tippe¬ 

canoe. 


How 

Made. 


110 THE MARCH OF DEMOCRACY 

Outlot numbered one hundred forty-seven is 
now Camp Sullivan, known as Military Park, and 
is located in the city of Indianapolis. 

The makers of this constitution, realizing the 
early mistakes made in disposing of public property, 
made certain that future generations would profit 
by this experience. 

Section X. It shall be the duty of the general assembly, to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. 

The Tippecanoe Battle Ground is located in Tip¬ 
pecanoe County and is preserved by the state for 
historical purposes. 

ARTICLE XVI 

AMENDMENTS 

Section I. Any amendment or amendments to this constitu¬ 
tion, may be proposed in either branch of the general assembly; 
and, if the same shall be agreed to by a majority of the members 
elected to each of the two houses, such proposed amendment or 
amendments shall, with the yeas and nays thereon, be entered 
on their journals, and referred to the general assembly to be 
chosen at the next general election; and if, in the general assembly 
so next chosen, such proposed amendment or amendments shall be 
agreed to by a majority of all the members elected to each 
house, then it shall be the duty of the general assembly to submit 
such amendment or amendments to the electors of the state, 
and if a majority of said electors shall ratify the same, such 
amendment or amendments shall become a part of this 
constitution. 

A proposed amendment to this constitution must 
be approved in exactly the same form by a major- 


CONSTITUTION OF INDIANA, 1851 111 

ity vote of the members of two successive general 
assemblies and then be approved or ratified by a 
majority of the people casting votes at the polls, 
before it becomes a part of this constitution. An 
additional amendment cannot be proposed while 
this amendment is awaiting action by a succeeding 
general assembly, or by the voters. 

Section II. If two or more amendments shall be submitted at 
the same time, they shall be submitted in such manner, that the 
electors shall vote for or against each of such amendments sepa¬ 
rately ; and while such an amendment or amendments, which shall 
have been agreed upon by one general assembly, shall be awaiting 
the action of the succeeding general assembly, or of the electors, 
no additional amendment or amendments shall be proposed. 

If more than one amendment is submitted to 
the voters at the same election, the legislature must 
provide ways and means for the voters to approve 
or disapprove each separately and distinctly. Of 
the three hundred seventy-seven amendments which 
have been proposed, only nine have been ratified. 

SCHEDULE 

This constitution, if adopted, shall take effect on the first day 
of November, in the year one thousand eight hundred and fifty- 
one, and shall supersede the constitution adopted in the year one 
thousand eight hundred and sixteen. That no inconvenience may 
arise from the change in the government, it is hereby ordained 
as follows: 

First. All laws now in force, and not inconsistent with this 
constitution, shall remain in force, until they expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints, and 
other proceedings, pending in any of the courts, shall be prose¬ 
cuted to final judgment and execution; and all appeals, writs of 


Separate 

Vote. 


Schedule 
for the 
Change 
from Gov¬ 
ernment 
under the 
Constitu¬ 
tion of 
1816 to 
this Con¬ 
stitution, 


112 


THE MARCH OF DEMOCRACY 


error, certiorari, and injunctions, shall be carried on in the several 
courts, in the same manner as is now provided by law. 

Third. All fines, penalties, and forfeitures, due or accruing to 
the state, or to any county therein, shall inure to the state, or 
to such county, in the manner prescribed by law. All bonds 
executed to the state, or to any officer, in his official capacity, 
shall remain in force and inure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes shall 
continue in force under this constitution, until such time as the 
general assembly shall, in its discretion, modify or repeal the 
same. 

Fifth. The governor, at the expiration of the present official 
term, shall continue to act, until his successor shall have been 
sworn into office. 

Sixth. There shall be a session of the general assembly, com¬ 
mencing on the first Monday in December, in the year one 
thousand eight hundred and fifty-one. 

Seventh. Senators now in office and holding over, under the 
existing constitution, and such as may be elected at the next 
general election, arid the representatives then elected, shall 
continue in office until the first general election under this 
constitution. 

Eighth. The first general election under this constitution shall 
be held in the year one thousand eight hundred and fifty-two. 

Ninth. The first election for governor, lieutenant-governor, 
judges of the supreme court and circuit courts, clerk of the 
supreme court, prosecuting attorneys, secretary, auditor and 
treasurer of state, and state superintendent of public instruction, 
under this constitution, shall be held at the general election in 
the year one thousand eight hundred and fifty-two; and such of 
said officers as may be in office when this constitution shall go 
into effect, shall continue in their respective offices, until their 
successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now in 
any office which is continued by this constitution, and every 
person who shall be so elected to any such office before the 
taking effect of this constitution (except as in this constitution 
otherwise provided), shall continue in office, until the term for 


113 


CONSTITUTION OF INDIANA, 1851 

which such person has been, or may be, elected, shall expire: 
Provided, That no such person shall continue in office, after the 
taking effect of this constitution, for a longer period than the 
term of such office in this constitution prescribed. 

Eleventh. On the taking effect of this constitution, all officers 
thereby continued in office, shall, before proceeding in the further 
discharge of their duties, take an oath or affirmation to support 
this constitution. 

Twelfth. All vacancies that may occur in existing offices, 
prior to the first general election under this constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this constitution to the 
electors, for their approval or disapproval, the article numbered 
thirteen, in relation to Negroes and Mulattoes, shall be submitted 
as a distinct proposition, in the following form: “Exclusion and 
Colonization of Negroes and Mulattoes,” “Aye” or “No.” And 
if a majority of the votes cast shall be in favor of said article, 
then the same shall form a part of this constitution; otherwise, 
it shall be void, and form no part thereof. 

Fourteenth. No article or section of this constitution shall be 
submitted as a distinct proposition, to a vote of the electors, 
otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties 
of Perry and Spencer, shall deem it expedient to form, of the 
contiguous territory of said counties,’ a new county, it shall be 
the duty of those interested in the organization of such new 
county, to lay off the same, by proper metes and bounds, of equal 
portions, as nearly as practicable, not to exceed one-third of 
the territory of each of said counties. The proposal to create 
such new county shall be submitted to the voters of said counties, 
at a general election, in such manner as shall be prescribed by 
law. And if a majority of all the votes given at said election, 
shall be in favor of the organization of said new county, it shall 
be the duty of the general assembly to organize the same, out 
of the territory thus designated. 

Sixteenth. The general assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 


114 


THE MARCH OF DEMOCRACY 


granting the same; and the funds belonging to said town shall 
be applied, according to the intention of the grantor. 

This entire article is a precautionary measure in 
order to avoid confusion in changing from the first 
constitution to this constitution. 

Care is taken to provide for every emergency, so 
that the change in the plan of government will not 
impair the rights of any citizen of the state. 

Done in Convention, at Indianapolis, the tenth day of Feb¬ 
ruary, in the year of our Lord one thousand eight hundred and 
fifty-one; and of the Independence of the United States, the 
seventy-fifth. 


CHAPTER Y 


HOW INDIANA SERVES ITS PEOPLE 

About the time of the adoption of this consti¬ 
tution there was a transition in the industrial affairs 
of the state destined to have its effects on social 
progress. Most of the needs of the people had 
been supplied on the farms. With the railroads 
came a growth in manufacturing that soon placed 
Indiana high in the industrial rank with other 
states. Labor-saving devices changed conditions on 
the farms and fewer people were needed to operate 
them. Now people were flocking to the cities and 
manufacturing centers. Greater intellectual and 
social advantages, better wages, shorter hours, and 
better homes changed the desires of the people. 
Then came modern invention with even greater ef¬ 
fect on the ever-increasing standards of living both 
in the cities and on the farms. With increased 
standards of living the people sanctioned and re¬ 
quired greater service from their government. 
While some citizens apparently have the impres¬ 
sion that this greater service by the government 
is free, the people pay no less for it than the indi¬ 
vidual citizen pays for his better ways of living. 
Government money is the people’s money, and all 
must realize that the question of increased gov¬ 
ernment expenditures is a question of higher taxes. 

115 


The Course 
of Social 
Progress. 


Collection 

and 

Expendi¬ 
ture of 
Funds. 


116 THE MARCH OF DEMOCRACY 

The main source of Indiana revenue is the general 
property tax levied on real property (lands and 
buildings) and on personal property (movable prop¬ 
erty, such as furniture, bonds, etc). A poll tax or 
head tax is also levied on each male citizen between 
the ages of twenty-one and fifty years of age. The 
inheritance tax, insurance taxes, certain fees and 
licenses from corporations, banks and trust com¬ 
panies, fish and game, together with interest on 
funds on deposit and reserve funds, constitute the 
greater part of the balance of the income of the 
state. 

Automobile fees and the gasoline tax go to the 
road fund to build highways and bridges. From the 
general income must be supported not only the 
operation of government formerly sufficient but also 
the larger social service required by the people with 
their new ideas of progressive democratic govern¬ 
ment. 

As citizens it is our duty to know first how this 
money is levied, collected, and expended. The state 
prepares a list of its anticipated expenditures known 
as a budget, setting aside a certain amount for each 
department. This includes such items as salaries 
of officials, office expense, social service departments, 
and in fact all the appropriations made by the 
legislature. 

First the fixed income, such as interest, fees, etc., 
is deducted from the estimated expenditures. The 
assessed valuation of the state is then used as a basis 
to determine the rate. This is called “computing 



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118 THE MARCH OF DEMOCRACY 

the rate.” This rate is then multiplied by the as¬ 
sessed value of each person’s property, and entered 
in the tax collector’s book, to show the amount of 
the taxes each property owner is to pay. 

The taxes are later paid to the county treasurer 
within a specified time. If they are not paid as 
required, the taxes are “delinquent” and a penalty 
assessed. The county treasurer on warrants issued 
by the county auditor sends the portion collected 
for the state to the state treasurer, who in turn 
pays it out on warrants issued by the state auditor 
to meet the obligations of the state. 

In a similar manner each unit of government— 
the county, the township, the city, and the school 
district—receives its support from taxes paid by 
the people. 

Increased demands of the people have caused 
another tax to be levied, called “Special Assessment 
Taxes.” Special assessments are taxes levied for 
some special purposes, such as laying a sewer or 
water main, which are assessed in addition to the 
regular taxes on the property benefited by the 
improvement. 

By various plans, then, the government receives 
its support and attempts to satisfy the needs of 
its people. No doubt every citizen should be ac¬ 
quainted with the progressive features of govern¬ 
ment which not only make his home a better place 
to live, his place of employment a better place to 
work, but even contributes to his enjoyment during 
his leisure. 


HOW INDIANA SERVES ITS PEOPLE 


119 


The industrial board through its various depart¬ 
ments determines and gathers information on the 
causes of accidents in the industrial plants and 
mines; carries on a campaign in accident preven¬ 
tion; inspects factories and mines; offers suggestions 
and at times compels the employer to use safety de¬ 
vices to guard against injuries to the workers. It 
investigates the conditions where the worker is in¬ 
jured, hears the case, and awards damages to be 
paid by the employer. Most employers in turn 
carry liability insurance to protect themselves 
against such claims, thus avoiding personal 
responsibility. 

A special effort is made to enforce the law under 
which women and children work, and improve the 
moral and sanitary conditions in places of employ¬ 
ment. 

Since the explosion of a steam boiler endangers 
lives and can usually be foreseen, inspectors visit 
the various plants, order defects remedied, and 
report to owners the conditions found. 

The state assumes its share of the responsibility, 
inspecting safety of theaters, churches, schools, 
hotels, and public buildings. Fire escapes are or¬ 
dered or approved and other changes to better safe¬ 
guard the public. Sometimes buildings are con¬ 
demned and closed to the public if necessary for 
public safety. Reports of this board conclusively 
show that many of the injuries from accidents are 
unnecessary and that the cooperation of employers, 
employees, the schools, and the general public would 


Conserva¬ 
tion of 
Life. 


120 


THE MARCH OF DEMOCRACY 


Conserva¬ 
tion of 
Property. 


Conserva¬ 
tion of 
Resources. 


not only decrease the loss of life but would be of 
economic benefit to every citizen. 

Apart from the service of the industrial board 
the department of the state fire marshal protects 
the lives and property of the citizens in a different 
way. The enormous waste from fires mounting 
to millions of dollars has made the public realize 
that fire prevention is the best protection against 
loss of property. This department inspects garages, 
picture theaters, dry-cleaning establishments, build¬ 
ings endangering other property, places for storage 
of oils and explosives, and enforces the require¬ 
ments to reduce the hazards to property. 

Fire departments are inspected and the equip¬ 
ment standardized. Efforts are made to carry out 
a program of education to interest the public to do 
its part in fire prevention. 

Property is protected by insurance, and the haz¬ 
ards created by a property owner has its effect in 
making insurance more expensive on the neighbor¬ 
ing property. The greater the fire loss in the state 
and the more hazards permitted, the greater cost 
to every citizen for protection against fire. When 
all citizens respect the rights of others, there will 
be less destruction of life and property with a mate¬ 
rial reduction in the cost of protection. 

The prosperity of a state such as Indiana is based 
on the fertility and productiveness of its soil, the 
richness of its minerals, and other resources pro¬ 
vided by nature for the use of man. Each gener¬ 
ation owes an obligation to the generations to come 


HOW INDIANA SERVES ITS PEOPLE 


121 


by preserving for them fully as good natural ad¬ 
vantages as they enjoyed. The misuse of the soil 
without crop rotation or fertilization, the waste of 
coal and other minerals, the pollution of the 
streams, the extermination of birds and animals, 
the- destruction of timber, the growing of diseased 
plants, and lack of cooperation in exterminating 
harmful insects causes an inestimable waste and 
is rapidly destroying the rich inheritance provided 
by nature. 

The department of conservation through its vari¬ 
ous divisions hopes to control this unnecessary 
waste. It investigates the mineral resources, an¬ 
alyzes clays and soils, locates and investigates min¬ 
eral deposits, encourages the planting and care of 
trees, guards against destruction by insects, dis¬ 
courages timber waste, shows the dangers of stream 
pollution, protects and propagates fish and game, 
operates state hatcheries, distributes fish to the 
streams, and develops sections to preserve the rap¬ 
idly disappearing wild life of the state. The work 
of this department has unlimited possibilities, and 
with the rapidly growing population must have sup¬ 
port so that it can assume greater responsibilities if 
future generations are to receive their proper 
heritage. 

The health of the citizens of a state is one of its 
greatest sources of wealth. 

The state board of health through its health offi¬ 
cers use the best practices known to medical science 
to control the spread of contagious diseases. It 


Conserva¬ 
tion of 
Health. 


122 


THE MARCH OF DEMOCRACY 


Promotion 
of Agricul¬ 
ture. 


analyzes samples of water from the public and 
private water supply, and reports on the quality 
of the water supply and sources of pollution. 

The adulteration, condition, and misbranding of 
foods and drugs sold to the public is investigated 
and the offenders prosecuted. 

It does much to instruct mothers in caring for 
babies; it cooperates with parents and various or¬ 
ganizations in promoting the health of children. 

Tuberculosis is a menace to the health of citizens 
and claims many lives. Care is taken to guard 
against its spread through contact with diseased 
persons and animals. Indiana has found it eco¬ 
nomical to establish places for treatment and care 
of the tubercular patient at public expense. 

Citizens should cooperate willingly with a depart¬ 
ment whose general duty is to protect those who 
are asked to cooperate. 

A state that depends so much on the products of 
its soil naturally does much to promote the produc¬ 
tion of foods as well as conserving them. Through 
the department of agricultural extension the farmer 
is given information on the methods of preparing 
and treating soils, selection of seed, harvesting and 
storing grain, and assistance in fighting injuries to 
crops. 

Encouragement is given to the education of 
young people for farming. Courses in vocational 
agriculture, the formation of boys’ and girls’ clubs, 
and the establishment of farm bureaus all have in 
view the improvement of agriculture in the state. 


HOW INDIANA SERVES ITS PEOPLE 


123 


The live-stock board cooperates in controlling and 
eliminating the diseases of domestic animals, estab¬ 
lishing quarantines, and testing cattle for tubercu¬ 
losis. 

The gathering of agricultural statistics and en¬ 
couragement of crop reporting gives the farmer in¬ 
formation on the better marketing of his products. 
Since much of the prosperity of the state depends 
on the prosperity of the farmer, much attention 
should be given to the promotion of his interests. 

With the coming of the automobile the improve¬ 
ment of highways was demanded by the people, 
but its economic side is given little thought by the 
average citizen. It has done away with the isolated 
farm and enables the farmer to move his products 
rapidly during the best market and at less expense. 
It has changed business conditions and made pos¬ 
sible the consolidation of schools, thus offering better 
educational advantages to the children. 

The funds for road improvement are obtained 
from the tax on gasoline, automobile license fees, 
the state-road tax, and help in building trunk lines 
form the federal government. Much of this work 
is known to you in your own community, but the 
big program which calls for improving all main 
roads of the entire state is merely a matter of time 
and money. 

The best citizens are usually those who own prop¬ 
erty, have bank balances, have their savings in¬ 
vested in good securities, and pay their just taxes. 
A state is then interested in protecting its citi- 


Building 
of High¬ 
ways. 


Guarding 

the 

People’s 

Interests. 


124 THE MARCH OF DEMOCRACY 

zens’ financial interests. It safeguards the tax 
money by having published audits of public ac¬ 
counts, requires bonds by the people handling its 
money, and provides for the punishment of dis¬ 
honest public officials. 

It guards against bankruptcy of government by 
limiting the rate of taxation, and limits bonded in¬ 
debtedness to two per cent of the assessable wealth. 

The securities commission protects the investors 
by refusing to permit the sale of stocks in organi¬ 
zations which are not of creditable standing. Bank 
examiners go over the accounts of institutions re¬ 
ceiving the people’s money at intervals to be assured 
of their safety. Such enterprises as insurance com¬ 
panies, building associations, and pawn shops are 
investigated to protect the interests of the people. 

The public service commission has power over 
“public utilities” or companies furnishing a product 
of general usefulness to the people. They investi¬ 
gate and determine that the rates charged for tele¬ 
phone, gas, heat, water, electric light and power, 
street cars, buses, interurbans, and railways are just 
and reasonable. Rates higher than the authorized 
rates cannot be charged. In the case of wrecks or 
death on railway lines an investigation is carried 
on and an endeavor made to fix the responsibility. 

In various ways, then, the state protects the 
financial interests of its citizens, encourages thrift 
and economy, and guards against fraud. 

The state safeguards the professional services ren¬ 
dered its people by requiring a final examination 


HOW INDIANA SERVES ITS PEOPLE 


125 


as to their fitness before a license is issued. A 
person eligible to licenses to practice in the state 
as a doctor, dentist, nurse, optometrist, pharmacist, 
or embalmer must have followed a certain pre¬ 
scribed course leading to that particular profession, 
attended a recognized school, passed an examina¬ 
tion, and must furnish evidence of a good moral 
character. 

The public is also protected against incompetent 
engineers, surveys, and architects. 

The state board of education licenses teachers 
who have complied with the law. The various 
boards have power not only to grant but to revoke 
licenses when satisfied that the person is incom¬ 
petent or if it is for the protection of the public. 

Perhaps no bureau in the state government ren¬ 
ders a greater service, yet so little is known of its 
actual benefits by the average citizen. Here are 
collected, catalogued, and indexed laws of many 
states, periodicals, documents, and digests. Great 
service is rendered to legislators in drafting bills 
and aiding intelligent voting on a bill introduced. 
Information on the most progressive ideas in gov¬ 
ernment can be found here. 

The collecting and publishing of information re¬ 
lating to agriculture, financial conditions, govern¬ 
ment, citizenship, marriage, divorce, and other 
social and economic questions gives the citizen an 
opportunity to know what service the government 
has to offer and for what purpose his money is 
spent. 


Efficiency 
in the Pro¬ 
fessional 
Service. 


Legislative 

Reference 

Bureau 


126 


THE MARCH OF DEMOCRACY 


The State 
Library. 


The Public 
Library 
Commis¬ 
sion. 

Social Or¬ 
ganiza¬ 
tions. 


The constitution of 1816 provided for a library. 
Since its organization it has grown continually. It 
is not such a library as you have in your own com¬ 
munity. Here are found books to aid officers in 
public business, a collection of Indiana historical 
material, documents, newspapers, manuscripts, 
maps, pictures—in fact, every type of reference 
book. This library also circulates books for the 
blind, sent free of charge through the mails. After 
complying with the regulations, a citizen may se¬ 
cure service or have books issued from this library 
by parcel post by merely refunding the postage. 

This commission encourages the establishment of 
new libraries, extends the work of those previously 
established, and through traveling libraries reaches 
those without library facilities. 

There are always those who, because of misfor¬ 
tune, war, disaster, affliction, mental condition, lack 
of employment, loss of parents, and loss of health, 
must receive help from the state. These institu¬ 
tions are under control of the board of state chari¬ 
ties. Every effort is made to care for such worthy 
people, to give them medical attention, to restore 
physical and mental strength, and to train and as¬ 
sist them if possible to become self-supporting. Be¬ 
sides those in state institutions there are almost 
one hundred thousand people scattered throughout 
the state who are helped through county and local 
agencies. 

In a democracy the state acts as a parent and 
cares for its children having neither parents, rela- 


HOW INDIANA SERVES ITS PEOPLE 127 

tives, or friends who can relieve the state of this 
duty. 

Hospitals for the insane are located in Richmond, 
Indianapolis, Logansport, Evansville, and North 
Madison;> the school for feeble-minded youth in 
Fort Wayne; village for epileptics, New Castle; 
Soldiers' Homes, Marion and LaFayette; Soldiers' 
and Sailors’ Orphans’ Home, Knightstown; State 
Sanitarium, Rockville; Indiana School for the 
Blind, School for the Deaf, and the James Whit¬ 
comb Riley Hospital for Children, Indianapolis. 

Criminals are real enemies of society who unjustly 
take people’s money, property, and even lives. They 
interfere with the rights of others to such an ex¬ 
tent that they must not only pay the penalty ex¬ 
acted by the courts, but at times are placed in insti¬ 
tutions to insure safety to law-abiding citizens. The 
state maintains the State Prison at Michigan City; 
the Reformatory at Jeffersonville; the State Farm 
at Putnamville; the Woman’s Prison at Indian¬ 
apolis; the Boys’ School at Plainfield; and the 
Girls’ School at Clermont. Counties have their 
jails and workhouses and cities their police stations. 
The charitable and criminal institutions of the state 
cost the taxpayer millions of dollars. Thus the 
state has institutions of two types—one to protect 
the unfortunate, the other to punish or correct 
those who would destroy it. 

Each generation possesses a certain fund of in¬ 
formation and experience that must be passed on 
to the next generation if the world is to progress. 


Educa¬ 
tional Op¬ 
portunity 
for All. 


128 THE MARCH OF DEMOCRACY 

Indiana supports its schools for this purpose. Those 
responsible for the education of children search 
this fund of information and devise economical 
ways in the form of courses of study to instruct the 
children. The state requires parents to send their 
children to school because educated citizens are bet¬ 
ter citizens and of more value to the state. The ele¬ 
mentary schools enroll over half a million pupils 
and the high schools over one hundred thousand. 
The state maintains normal schools at Terre Haute 
and Muncie to train teachers. Indiana University 
with schools of law, medicine, commerce, education, 
music, and other professions is located at Bloom¬ 
ington with technical branches at Indianapolis. 
Purdue University was established in cooperation 
with the federal government to teach agriculture 
and mechanic arts without neglecting the cultural 
side. It is under state control, and offers courses 
in agriculture, engineering, pharmacy, and science. 
Short courses are offered in agriculture, home eco¬ 
nomics, and club leadership; there are also courses 
to train pupils to teach vocational agriculture, home 
economics, and industrial arts. Its departments do 
much research in cooperation with the work of the 
state boards. 

The story of higher education in Indiana is not 
complete without the colleges and universities 
which are not state controlled. From the begin¬ 
ning the people were interested in education. Early 
many denominational and privately endowed col¬ 
leges were established. From the ranks of these 
colleges came teachers, authors, poets, and profes- 


HOW INDIANA SERVES ITS PEOPLE 


129 


sional men who helped to carry the message of the 
need of education to the people. Soon these mes¬ 
sengers of education were able to show the people 
that state money spent in training young men and 
women for better and more effective citizenship 
was a most profitable investment. With the com¬ 
ing of more institutions of learning supported by 
public taxation these colleges still continued to 
grow, and to-day they play a large part in the prog¬ 
ress of education. 

The history of higher education in Indiana has 
paralleled the freedom of the new country. A state 
that has made such amazing material progress must 
develop the broadest and finest men and women 
to guarantee its continuance. 

The table below shows how groups of citizens, 
individuals, and congregations have endeavored to 
meet this need. 


Butler 
DePauw 
Earlham 
Evansville 
Franklin 
Goshen 
Hanover 
Ind. Central 
Manchester 
Oakland City 
Rose Polytech 
St. Marys 
St. Marys of 
the Woods 
Taylor 
Notre Dame 
Valparaiso 
Wabash 


Location Founded 

Control 

For 

Indianapolis 

1855 

Christian 

Coed 

Greencastle 

1837 

Methodist 

Coed 

Earlham 

1847 

Friends 

Coed 

Evansville 

1919 

Methodist 

Coed 

Franklin 

1834 

Baptist 

Coed 

Goshen 

1896 

Mennon. 

Coed 

Hanover 

1823 

Presbyterian 

Coed 

Indianapolis 

1902 

United Brethren 

Coed 

N. Manchester 

1895 

Brethren 

Coed 

Oakland City 

1891 

Baptist 

Coed 

.Terre Haute 

1883 

Non Sectarian 

Men 

Notre Dame 

1855 

Catholic 

Women 

St. Marys of 
the Woods 

1840 

Catholic 

Women 

Upland 

1846 

Methodist 

Coed 

Notre Dame 

1842 

Catholic 

Men 

Valparaiso 

1873 

Non Sectarian 

Coed 

Crawfordsville 

1833 

Non Sectarian 

Men 


130 THE MARCH OF DEMOCRACY 

The organization of Indiana schools is complete, 
offering to any child opportunity to prepare himself 
for a position within his ability. 

Questions 

To the Pupil: 

1. Enumerate the different causes that lead to the greater 

demands on state government. 

2. Account for the movement of population from the rural 

districts to the cities. 

3. Why should the property of a bachelor be taxed to sup¬ 

port schools? 

4 . Give the sources of the state’s income. 

5. Secure a tax receipt, describe the process leading up to it, 

and show how it is the last chapter in the whole story 
of taxation. 

6. Why is it economy for a state to protect its working 

people against physical injury? 

7 . Show how a state is within its rights when it demands the 

removal of buildings that threaten the safety of others. 

8. How has failure to protect the resources that nature pro¬ 

vided affected your country? 

9. Explain “a state’s real wealth is the health of its people.” 

10. In what ways does the state help the farmer? 

11. Why are the people willing to pay increased taxes for 

good roads? 

12. What public utilities are owned and operated by your 

city? If none, what are the terms of the franchises 
granted to public utility companies? 

13. What are “blue sky laws”? 

14. Show the effect on a state if citizens lose their savings 

through poor investments or bank or insurance company 
failures. 

15. What professional people in your city are required to 

have state licenses? What general type of service do 
they give? 


CHAPTER SIX 


A SUMMARY OF THE CONSTITUTION 
THE LEGISLATIVE DEPARTMENT 

Each branch of Congress—the Senate and the 
House of Representatives—has equal power in 
making laws. Congress meets in regular session on 
the first Monday in December in each year. Neither 
senators nor representatives can hold any other 
office under the United States during their terms as 
members of Congress. To prevent the forcible de¬ 
tention of members from attending to their duties, 
members are exempt from arrest in all cases except 
treason, felony, or breach of the peace, during their 
attendance at the sessions of Congress, and in going 
to and returning from the same. To secure ab¬ 
solute freedom of discussion, members cannot else¬ 
where be held to account for anything said in debate 
in Congress. Each house is the sole judge of the 
elections, returns, and qualifications of its own 
members. 

Congress has power: 

(1) To levy and collect taxes, 

(2) To borrow money, 

(3) To regulate commerce, 

(4) To naturalize foreigners, 

(5) To coin money, 

(6) To fix standards of weights and measures, 

131 


Congress. 


Some 
of the 
Powers of 
Congress. 


132 


THE MARCH OF DEMOCRACY 


Some 
of the 
Powers 
Denied to 
Congress. 


(7) To establish post-offices, 

(8) To grant copyrights and patents, 

(9) To establish courts inferior to the Supreme 
Court, 

(10) To punish piracy, 

(11) To declare war, 

(12) To raise and maintain an army, 

(13) To provide and maintain a navy, 

(14) To create new states. 

Congress is forbidden: 

(1) To suspend the privilege of the writ of 
habeas corpus 1 in time of peace, 

(2) To pass any bill of attainder, 2 

(3) To pass any ex post facto law, 3 

(4) To levy any tax on articles exported from 
any state, 

(5) To give preference to any state in shipping 
regulations. 

(6) To draw money from the treasury except 
in accordance with law. 

(7) To grant any title of nobility. 


Some 
of the 
Powers 
Denied 
to the 
States. 


The several states are forbidden: 


(1) To enter into any treaty, alliance, or con¬ 
federation with each other or with any 
foreign power, 

(2) To grant letters of marque and reprisal, 

(3) To coin money, 

(4) To emit bills of credit, 

(5) To make anything but gold and silver coin 
a tender in payment of debts. 


1 See page 202.’ 
3 See page 203. 

3 See page 203. 


SUMMARY OF THE CONSTITUTION 


133 


(6) To grant any title of nobility, 

(7) To pass any bill of attainder, 

(8) To pass any ex post facto law, 

(9) To pass any law impairing the obligation 
of contracts, 

(10) To levy any tax on exports. 

A bill may be proposed by members of either How 
branch of Congress. It is then referred to some Laws 

. Ar© 

one of the various committees for investigation. If, Made 
after due consideration, it is approved by a majority 
of the committee, it is reported to the members for 
action. There are then three ways in which a bill 
may be enacted into a law: 

(1) When passed by both houses of Congress and 

signed by the President. 

(2) When passed by both houses of Congress, vetoed 

by the President, and re-passed by a two- 
thirds vote of each house. 

(3) When passed by both houses of Congress and 

retained by the President ten days (Sundays 
excepted) without being signed by him, pro¬ 
vided Congress still remains in session. 

By this system of checks on legislation the possi¬ 
bility of passing unsatisfactory laws is greatly re¬ 
duced. 

THE SENATE 

The Senate represents the states, and consists of Member- 
two members from each state. Each senator has a ship * 
vote in Congress. Senators are elected directly by 
the people of the various states for terms of six 
years each, and are so classified that the terms of 


134 


THE MARCH OF DEMOCRACY 


Qualifi¬ 

cations. 


Officers. 


Powers. 


only one-third of them expire every two years. This 
classification insures a membership of experienced 
legislators, and has the effect of making the Senate 
a continuous or permanent body. 

The qualifications required of a senator are three: 

(1) He must be at least thirty years of age, 

(2) He must have been for nine years a citizen of 

the United States. 

(3) He must be, when elected, an inhabitant of the 

state from which he is chosen. 

The Vice President is the presiding officer of the 
Senate. He is entitled to a vote only in case of a 
tie. The Senate elects from its own number a 
President pro tempore to preside during the absence 
of the Vice President. The Senate elects all its own 
officers except its President, unless the electoral col¬ 
lege fails to elect, in which case it chooses the Vice 
President. 

While the Senate is chiefly a legislative body, it 
also exercises executive and judicial functions. It 
exercises: 

(1) Executive Functions 

(a) In confirming the President’s appointments 

of Cabinet officers, judges, post-masters, 
ministers to foreign powers, etc., and 

( b ) In assisting the President in making trea¬ 

ties with foreign powers. 

(2) Judicial Functions 

(a) In judging of the qualifications and elec¬ 

tions of its members, and 

( b ) In acting as a court in cases of impeach¬ 

ment. 


SUMMARY OF THE CONSTITUTION 


135 


THE HOUSE OF REPRESENTATIVES 

The House of Representatives represents the 
people of the United States, and its members are 
chosen directly by the people of the various states 
every two years. In such elections all are permitted 
to vote who are qualified by state laws to vote for 
members of the lower branch of their state legis¬ 
lature. The right of suffrage is not a natural right, 
but is a gift of the state, and each state bestows 
this privilege on such persons as it deems qualified 
to exercise it, subject to the provisions of the 
Fifteenth Amendment to the Constitution that “the 
right of suffrage shall not be denied or abridged to 
any person on account of race, color, or previous 
condition of servitude,” and the nineteenth amend¬ 
ment provides that citizens of the United States 
shall not be denied the privilege of voting by the 
United States or by any state on account of sex. 

A member of the House must possess these 
qualifications: 

(1) A representative must be at least twenty-five 

years of age. 

(2) A representative must have been for seven years 

a citizen of the United States. 

(3) A representative must be, when elected, an in¬ 

habitant of that state in which he is chosen. 

The number of members of the House of Rep¬ 
resentatives is determined by Congress. Every ten 
years a census is taken to ascertain the population 
of the country, and as soon as possible thereafter 


How 

Elected. 


Qualifica¬ 

tions. 


Member¬ 

ship. 



House of Representatives. 68th Congress 




































SUMMARY OF THE CONSTITUTION 


137 


Congress enacts a law regulating the size of the 
House, dividing the population by this number and 
apportioning the representatives among the various 
states. Each state then divides its territory into 
districts which Congress insists must each be com¬ 
pact, contiguous, and of population nearly equal to 
each of the others which elect a representative. To 
save re-districting, state representatives may be 
elected at large. 1 Every state, however, is entitled 
to one representative, even though its population is 
less than the number required to form a congres¬ 
sional district; otherwise, the people in some of the 
smaller states would not be represented in the lower 
branch of Congress. The forty-eight states have at 
the present time four hundred thirty-five represen¬ 
tatives. Each territory is entitled to one representa¬ 
tive, who enjoys all the rights of members except 
that of voting. 

The Constitution provides that the ratio of rep¬ 
resentation shall not exceed one representative to 
every thirty thousand people. Were the basis of rep¬ 
resentation to-day as it was after the first census, the 
House would consist of over three thousand mem¬ 
bers, a number far too large for the transaction of 
business. To keep the number within reasonable 
limits, the ratio of representation has been changed 
by an apportionment act after each census. The 
present apportionment is on the basis of the 1910 
census. Since taking the 1920 census several un- 

1 “At large” means from the entire state. Every voter in the 
state is entitled to vote for a member at large. 


Ratio of 
Represen¬ 
tation. 


138 


THE MARCH OF DEMOCRACY 


The 

Speaker. 


successful efforts have been made to increase the 
number of members above 435. Objections were 
based on the fact that a larger number would make 
the body unwieldy and cumbersome, and each 
additional member would increase the expense of 
government. 

The following table shows how the ratio of rep¬ 
resentation has changed at each decade, the number 
of population to a representative being given to the 
nearest thousand only. 


Ratio of Representation at Each Decade 


Population 
(to the 
nearest 

Representation 


One 

Represen¬ 
tative to 

Number 

of 

Represen 
tatives 1 

million) 

based on 

Date 

every 


Constitution 

1789 

30,000 

65 

4,000,000 

First Census 

1790 

33,000 

106 

5,000,000 

Second Census 

1800 

33,000 

142 

7,000,000 

Third Census 

1810 

35,000 

186 

10,000,000 

Fourth Census 

1820 

40,000 

213 

13,000,000 

Fifth Census 

1830 

48,000 

242 

17,000,000 

Sixth Census 

1840 

71,000 

232 

23,000,000 

Seventh Census 

1850 

93,000 

237 

31,000,000 

Eighth Census 

1860 

127,000 

243 

39,000,000 

Ninth Census 

1870 

131,000 

293 

50,000,000 

Tenth Census 

1880 

152,000 

332 

63,000,000 

Eleventh Census 

1890 

174,000 

354 

76,000,000 

Twelfth Census 

1900 

194,000 

391 

92,000,000 

Thirteenth Census 

1910 

212,000 

435 

106,000,000 

Fourteenth Census 

1920 



1 Includes representatives assigned to states admitted to the 
Union after apportionment according to census. 


The House chooses its own officers, the most im¬ 
portant of whom is the presiding officer, called the 
Speaker. The Speaker’s position until a few years 
ago was one of vast influence and power. 

He appointed all the committees to whom all bills 


SUMMARY OF THE CONSTITUTION 139 

were referred for consideration. He thus had it in 
his power to arrange the committees so as to secure 
the approval or disapproval of measures of any 
particular class. 

He still has a considerable influence on the work 
of the House since no member has the right to 
address the House until recognized by the Speaker. 

By recognizing, or refusing to recognize a member, 
the Speaker actually determines what business the 
House considers. 

In a body of 435 members it is necessary that a 
great deal of the business must be done by com¬ 
mittees. There are now nearly sixty of these com¬ 
mittees, the most important being those on rules, 
appropriations, ways and means, interstate and 
foreign commerce, post-offices, military and naval 
affairs, and agriculture. Since 1910 these com¬ 
mittees have been elected by the members according 
to a complicated plan. The majority party controls 
the committees. 

Following the colonial theory that taxes can be Exclusive 
levied only by authority of the people as voiced Powers - 
through their representatives, the Constitution 
provides that all bills for raising revenue must 
originate in the House of Representatives. In 
addition to this power the House also has exclusive 
power in: 

(1) Judging of the qualifications and elections of its 

own members. 

(2) Electing the President in case the electoral col¬ 

lege fails to elect. 


The 

Presi¬ 

dent. 

Qualifica¬ 

tions. 


How 

Elected. 


140 THE MARCH OF DEMOCRACY 

(3) Impeaching the President, Vice President, and 
all other civil officers of the United States for 
treason, bribery, or other high crimes and 
misdemeanors. 

THE EXECUTIVE DEPARTMENT 

The executive officer of the United States is the 
President. His term of office is four years. 

The qualifications of a President are: 

(1) He must be a native-born citizen of the United 

States. 

(2) He must be at least thirty-five years of age. 

(3) He must have been for fourteen years a resident 
• of the United States. 

It is a peculiarity of our form of government that 
we do not vote directly for President, but for electors 
who choose the President. This plan was adopted 
in the belief that the people themselves would not 
make a wise selection. The electors' are not legally 
required to vote for a particular person, but they 
are morally bound to vote for the person for whom 
their party elects them to vote. 

On the fir^t Tuesday after the first Monday in 
November of every fourth year the voters of each 
state choose as many presidential electors as it has 
senators and representatives in Congress. The 
whole number of electors from the various states 
now is 531 and constitutes what is called the Elec¬ 
toral College. The electors in each state meet at a 
place designated by the state legislature, usually 
the state capitol, on the second Monday of January 


SUMMARY OF THE CONSTITUTION 


141 



Washington’s Inauguration 

and cast their ballots for President and Vice Presi¬ 
dent. Three certified copies of the result of the 
balloting are made; one is then sent to the President 
of the Senate at Washington by personal messenger; 
a second by registered mail; and the third is filed for 
record with the federal court in the district where 
the electors meet. After this is accomplished the 
“electoral college” has no further legal existence. 
On the second Wednesday in February the returns 
from all the states are opened and counted in the 
presence of Congress; i.e., the Senate and House of 
Representatives jointly assembled. The President 
of the Senate, who is usually the Vice President, is 
the presiding officer. The person receiving a 
majority of the whole number of electoral votes is 
then declared President. In case there is no choice, 
the House of Representatives then chooses the 



142 


THE MARCH OF DEMOCRACY 


Duties. 


Executive 

Powers. 


Legis¬ 

lative 

Powers, 


President. Balloting is then limited to the three 
candidates who have received the highest number 
of electoral votes. The representatives cannot vote 
individually but as a unit, each state having one 
vote. A majority of all the states is necessary for 
a choice. Two Presidents—Thomas Jefferson and 
John Quincy Adams—-have been elected by the 
House. If no candidate receives a majority vote by 
March 4, the newly elected Vice President acts as 
President. If no Vice President has a majority of 
the electoral vote, the Senate chooses a Vice Presi¬ 
dent from the two highest candidates. A majority 
vote is also required in this case. 

The President’s oath of office requires him to 
“preserve, protect, and defend the Constitution of 
the United States.” He is invested with large 
powers, which may be roughly classified as follows: 

(a) To see that the laws are faithfully executed. 

( b ) To appoint officers, judges, postmasters, min¬ 

isters to foreign powers, etc., subject to the 
approval of the Senate, and in order that he 
may have sufficient power to carry out his 
oath he is made commander-in-chief of the 
army and the navy. 

(c) To grant pardons, except in cases of impeach¬ 

ment. 

In addition to the foregoing executive powers, the 
President has certain important legislative powers 
classified as follows: 

(a) To advise Congress as to the state of the Union, 
and to recommend such legislation as he 
thinks proper. 


SUMMARY OF THE CONSTITUTION 143 

( b ) To call extra sessions of Congress when he 

deems it necessary. 

(c) To approve or disapprove laws enacted by Con¬ 

gress. 

(d) To make treaties with foreign powers, subject 

to the approval of the Senate. 

The Vice President must possess the same quali¬ 
fications as the President, and is elected in the same 
manner. In case the electoral college fails to choose 
a Vice President, the Senate has power to elect. 
The duties of the Vice President are: 

(a) To preside over the Senate. 

(b) To succeed to the Presidency in case of a va¬ 

cancy in that office. 

The duties of the executive are so many that it is 
impossible for the President personally to attend to 
them all. The executive branch, therefore, is 
divided into ten departments, each having a head 
selected by the President, subject to confirmation 
by the Senate. The heads of these departments 
manage the affairs of their respective departments 
and act as advisers to the President, although he is 
not bound by any law to follow their advice. 
Collectively, they constitute what is called the 
cabinet. These officers in order of creation are as 
follows: 

(1) Secretary of State, who: 

Negotiates treaties. 

Administers foreign affairs. 

Has custody of great documents, treaties, 
and federal laws. 

Keeps and affixes the Great Seal. 


The Vice 
President. 


The 

Cabinet. 



President Coolidge’s Message to Congress 























SUMMARY OF THE CONSTITUTION 145 

Directs Ambassadors, Ministers, and Con¬ 
suls. 

Issues passports. 

(2) Secretary of Treasury, who directs: 

Finance of the nation. 

Collection, safekeeping, disbursement of rev¬ 
enues. 

Coining and engraving of money. 
Enforcement of Prohibition Law. 
Construction of federal buildings. 

Coast Guard. 

Public Health Service. 

Secret Service. 

National and Federal Land Banks. 

Bureau of the Budget. 

(3) Secretary of War, who directs: 

Personnel and supplies of the army. 
Improvement of rivers, harbors, and canals. 
Defenses of the nation. 

Bureau of Insular Affairs. 

Government of Philippines and Porto Rico. 
Military Academy at West Point. 

(4) Attorney General, who is: 

Government lawyer. 

Legal adviser of the President and Federal 
Officers. 

Government Prosecutor. 

(5) Postmaster General, who directs: 

Postal Service. 

Parcel Post. 

Postal Savings System. 

Money order transmission. 

(6) Secretary of Navy, who directs: 

Material and personnel of the navy. 
Construction, armament, and employment 
of vessels of war. 


146 the march of democracy 

Protection of American property abroad. 
Aircraft Service. 

Navy yards, docks, naval Training Stations. 
Marine Corps. 

(7) Secretary of Interior, who directs: 

National Parks. 

Public Lands. 

Pensions of Soldiers. 

Indian Affairs. 

Patent Office. 

Bureau of Mines. 

Reclamation Service. 

Bureau of Education. 

Alaska Railroad. 

Geological Survey. 

(8) Secretary of Agriculture, who directs: 

Collection and distribution of information 
valuable to the agricultural interests. 
National Highway Construction. 

Forest Service. 

Weather Bureau. 

Enforcement of Pure Food and Drugs Act. 

(9) Secretary of Commerce, who directs: 

Our commercial interests. 

Census Bureau. 

Foreign and Domestic Commerce. 

Bureau of Standards. 

(10) Secretary of Labor, who directs: 

Welfare of wage earners. 

Immigration and Naturalization. 
Enforcement of Immigration Laws. 
Americanization of Immigrants. 

Children’s and Woman’s Bureau. 

Welfare of children and working women. 
Mediation in labor troubles and disputes. 


SUMMARY OF THE CONSTITUTION 


147 


PRESIDENTIAL SUCCESSION 

The Constitution (Art. II, Sect. 1, Cl. 6) provides 
that in case of the removal, death, resignation, or 
inability of the President to perform the duties of 
his office, the Vice President shall succeed to the 
Presidency. By the same clause Congress is em¬ 
powered to determine by law what officer shall 
perform the duties of the Presidency in case of the 
removal, death, resignation, or inability of both the 
President and the Vice President. 

In 1791 Congress enacted a law providing that 
the succession should devolve first upon the Presi¬ 
dent pro tempore of the Senate, and secondly upon 
the Speaker of the House. 

The above law was repealed in 1886 and a new 
one enacted which provides that the succession shall 
devolve upon the members of the Cabinet in the 
following order, provided each can comply with the 
constitutional qualifications demanded of the 
President: (1) Secretary of State, (2) Secretary 
of the Treasury, (3) Secretary of War, (4) Attorney 
General, (5) Postmaster General, (6) Secretary of 
the Navy, (7) Secretary of the Interior. The law 
further provides that the person thus succeeding to 
the Presidency shall hold that office only until the 
disability of the President shall be removed or a 
new President shall be elected. On taking office 
the Acting President must, if Congress is not in 
session or is not to convene within twenty days, at 
once call Congress together in extraordinary session. 


When 

operative. 


Order of 
succession. 


148 


THE MARCH OF DEMOCRACY 


The order of succession was established by an 
act of Congress in 1886 and no mention was made 
of Secretaries of Agriculture, Commerce, and Labor, 
whose departments had not been organized at that 
time. 


Questions 

To the Pupil: 

1. Name and give the function of the branches of government 

which have a voice in making our laws. 

2. What special privileges are permitted congressmen which 

other citizens do not enjoy? Give reasons for such 
discrimination. 

3. What would be the effect of giving Congress unlimited 

power? 

4. Tell how any of the powers granted Congress have been 

exercised during the last few years. 

5. From the list of powers granted to Congress select one 

and show how it has been and -can continue to be the 
basis of legislation that “promotes the general welfare.” 

6. From the list of powers forbidden Congress show how re¬ 

moving the restrictions might affect “the general welfare.” 

7. Show how granting states the powers denied them would 

affect the United States. 

8. Tell the process by which a bill becomes a law. 

9. Sometimes a single committee has over one thousand bills 

referred to it for consideration. How does this affect 
legislation? 

10. What are the advantages of a bicameral or two-body 

legislature ? 

11. The makers of the Constitution planned to have the 

Senate composed of older, more experienced, and better 
trained men than those in the House. What provisions 
are made in an effort to realize this aim? 

12. Justify the requirement that all bills for raising money 

originate in the House of Representatives. 


SUMMARY OF THE CONSTITUTION 149 

13. How many representatives can a state have? 

14. How many representatives has your state? Name the one 

from your district. Name the states that have only 
one representative. 

15. Name and give the political career of the senators from 

your state. 

16. State three powers vested exclusively in Congress. 

17. Members of Congress receive many letters and telegrams 

urging them to vote for or against certain bills. Should 
a member vote according to his own feelings or accord¬ 
ing to the desires of the people? 

18. What is the distinct purpose of the House of Representa¬ 

tives? 

19. Discuss the speaker of the House and the Committee Sys¬ 

tem, naming the present speaker and mentioning his 
political party. 

20. What persons are eligible to become candidates for the 

Presidency? 

21. Give the process of election of a President and a Vice 

President. 

22. Why are the qualifications of a President and Vice Presi¬ 

dent the same? 

23. How does the present method of electing a President differ 

from the original plan? 

24. Classify and give the powers of a President.* 

25. President Harding was the first President to invite a 

Vice President to meetings of the cabinet. Defend 
his action. 

26. Name five distinguished Senators. Five distinguished mem¬ 

bers of the House of Representatives. Name the present 
women members of the Senate or the House. 

27. What are reasons for the existence of the Cabinet? 

28. Name the present Cabinet officers. 

29. On the night that President Lincoln was assassinated an 

effort was made to assassinate the Vice President, the 
Secretary of State, and the Secretary of War. If all had 
been assassinated, what officer would have taken the 
oath of office as President? 


150 


THE MARCH OF DEMOCRACY 


Things to Do: 

1. Find and bring to class for discussion any newspaper or 

magazine articles that refer to Congress exercising any 
of its powers. 

2. Prepare a five-minute paper or talk on any one of the 

bureaus of the executive department at work. Refer 
to Haskin’s “American Government.” 

3. Using Bryce’s “American Commonwealth/’ prepare a re¬ 

port on the Senate or the House or the Election of Presi¬ 
dent or why great men are not chosen for President. 

4. Referring to the table on ratio of representation by decades, 

find: (a) which ten-year period shows the largest 
growth in population; (6) the least growth in popula¬ 
tion; (c) in which period was the greatest number of 
people represented by one representative; ( d) approx¬ 
imately how many times larger is the basis of repre¬ 
sentation to-day than in 1789; (e) how many times 
larger is the population during the same period; (/) and 
try to account for any periods of extraordinary increases. 

5. Debate— Resolved, That the method of electing our Pres¬ 

ident should be changed. 

6. Make a table similar to the following and fill in the in¬ 

formation required to complete it. 



Executive 

Senate 

House 

Number of Members.... 




Basis of Representation.. 




Qualifications . 




Term of Office. 




Vacancies—how filled.... 




Sole Powers. 




Title of Presiding Officer. 

(a) How he is selected... 







(6) Voting privilege. 























CHAPTER SEVEN 


THE JUDICIAL DEPARTMENT 

The Supreme Court was established by the Con¬ 
stitution, and its decision in all cases is final. It 
consists of one chief justice and eight associate 
justices who are appointed by the President for 
life or during good behavior. 

The real function of the Supreme Court is to in¬ 
terpret the laws. In general, the cases over which 
the Federal Courts have jurisdiction or the legal 
right to hear and decide are listed in Section 2 of 
Article III of the Constitution. 

The Supreme Court has “original jurisdiction”; 
i.e., the right to hear and determine a case in the 
first instance only when the cases are between states 
and those in which ambassadors, other public min¬ 
isters, and consuls are parties. Most of the work, 
however, is in hearing cases which originate in and 
are appealed from the inferior courts. 

The Supreme Court, contrary to the common be¬ 
lief, does not have full power to nullify laws pre¬ 
sumed to be unconstitutional. It can act only when 
the issue is submitted in a “case” where definite 
questions are asked disclosing a tangible infringe¬ 
ment of the Constitution. 

If we consider the procedure in a Supreme Court 
case briefly, we find that, after arguing a case, the 
151 


The 

Supreme 

Court. 


152 THE MARCH OF DEMOCRACY 

United States attorney-general or his representative 
presents a brief to the court to support his conten¬ 
tions that the law in question is in accordance with 
the Constitution. The attorneys maintaining that 
the law is unconstitutional after their argument also 
present a brief to support their contentions. These 
briefs may be studied by each justice or assigned to 
a justice who makes a study of the contentions of 
both sides and also determines whether any previous 
similar judicial decisions are applicable. When the 
examination of the case is completed, a conference 
of the judges is held. If the court is unanimous, the 
Chief Justice then assigns one member to prepare 
“the opinion of the court,” which is again submitted 
for criticism to the other judges, and when satisfac¬ 
tory to the majority of the court, it is adopted as the 
“judgment of the court” before being officially pub¬ 
lished. If one justice agrees with the decision yet 
does not agree with the line of reasoning used in de¬ 
termining the judgment of the court, he may prepare 
what is termed a “concurring opinion.” If the court 
is divided, the minority may file what is termed a 
“dissenting opinion.” Whenever the American peo¬ 
ple seriously dislike a decision of the Supreme Court, 
they have recourse to a remedy in the form of an 
amendment to the Constitution. As a result of the 
decision in the case of Chisholm .. vs. Georgia , the 
Eleventh Amendment was added to the Constitu¬ 
tion, and the Sixteenth Amendment virtually set 
aside a decision in Pollock vs. Farmers Loan declar¬ 
ing the Income Tax of 1894 unconstitutional. 


THE JUDICIAL DEPARTMENT 153 

The Constitution gives Congress power to create 
courts inferior to the Supreme Court. The principal 
inferior courts established by Congress are: 

(1) Circuit Courts of Appeals. The country is 
divided into nine circuits, and a court called a 
Circuit Court established in each, with a Supreme 
Court Justice assigned to each, assisted by other 
judges specially appointed as judges of the Circuit 
Courts. These Circuit Courts were organized to 
relieve the Supreme Court, especially to hear cases 
appealed from lower courts. 

(2) District Courts. Each circuit is subdivided 
into districts, and a court called a District Court 1 or 
trial court established in each. There are at present 
over eighty district courts and approximately one 
hundred and seventeen district judges. 

(3) Court of Claims. There is also another court, 
called the Court of Claims, which is entirely in¬ 
dependent of the courts just mentioned. The 
United States being a sovereign power cannot be 
sued, and this court is established for the purpose 
of hearing cases arising on account of salaries, pay¬ 
ment for supplies, and listening to the claims against 
the United States of persons whose property has 

J The civil jurisdiction in this court, the lowest of all Federal 
Courts, relates chiefly to admiralty and maritime cases, cases 
of bankruptcy, those arising under statutes and treaties, between 
citizens of different states or citizens of a foreign state where the 
sum or value exceeds $3,000, all crimes or offenses recognized by 
the federal laws except those punishable by death, postal cases, 
suits arising under patent, copyright or trademark laws, suits 
against trusts and monopolies, and those brought by any person 
to redress the deprivation of any right, privilege, or immunity 
secured by the Federal Constitution or laws. 


Inferior 

Courts. 


154 


THE MARCH OF DEMOCRACY 


Two 

Methods. 


been seized and used by the government. The 
Court of Claims reports the result of its investiga¬ 
tions to Congress. Congress then makes such res¬ 
titution to the claimants as it deems best. 

(4) Court of Customs Appeals. This court has 
jurisdiction over claims against the government 
arising from the administration of the tariff and 
customs laws. 

(5) Territorial and District of Columbia Courts. 
There is a Supreme Court of the District of 
Columbia, and Supreme District courts are organized 
in each Territory. 

AMENDMENT OF THE CONSTITUTION 

Realizing that the requirement of the unanimous 
consent of the states to amend the Articles of Con¬ 
federation practically made their amendment im¬ 
possible, and feeling that as the nation grew it might 
be desirable to make some changes in the Con¬ 
stitution, the framers of the Constitution made 
provision for such changes as follows: 

(1) Proposed amendments, approved by a two- 

thirds vote of both houses of Congress, are 
sent to the state legislatures or to state con¬ 
ventions for consideration. If ratified by 
three-fourths of the states, the amendments 
then become part of the Constitution. 

(2) When requested by two-thirds of the state legis¬ 

latures, Congress is obliged to call a national 
convention for proposing amendments. If 
the amendments proposed are ratified by 


THE JUDICIAL DEPARTMENT 155 

three-fourths of the states, they become part 
of the Constitution. 

Up to the present time all amendments to the 
Constitution have been made by the first method. 

Without doubt it was the intention of the 
framers of the Constitution to devise a plan by 
which the Constitution could be amended with 
reasonable ease. As a matter of fact, however, the 
methods provided are very cumbersome in opera¬ 
tion, and of the great number of amendments 
(nearly two thousand in all) that have been pro¬ 
posed at various times, only nineteen have been 
adopted. While, in theory, the Constitution means 
exactly the same as it did when adopted, and there¬ 
fore should be interpreted according to the condi¬ 
tions existing at the time of adoption; yet, in 
practice, it has become customary to interpret it in 
the light of present needs. Thus, change by inter¬ 
pretation, rather than by amendment, is, and 
probably will always remain, the chief method by 
which modifications are brought about. 

Of the nineteen Amendments which have been 
added to the Constitution since its adoption, the 
first ten—frequently called a Bill of Rights—were 
adopted in the early part of Washington’s adminis¬ 
tration in consequence of a widespread feeling that 
certain rights belonging to individuals were not 
clearly defined in the Constitution as originally 
adopted. The eleventh, providing for certain 
limitations of judicial power, was also adopted in 


Amend¬ 
ment by- 
interpre¬ 
tation. 


The 

Nineteen 

Amend¬ 

ments. 


156 the march of democracy 

Washington’s administration. The twelfth, chang¬ 
ing the method of electing the President and the 
Vice President, was adopted in Jefferson’s adminis¬ 
tration. In sixty one years from 1804 to 1865, not a 
single amendment was adopted. The thirteenth, 
adopted in Johnson’s administration, abolished 
slavery. The fourteenth, also adopted in Johnson’s 
administration, gave the freedmen the right of 
citizenship, and provided for several contingencies 
growing out of the Civil War. The fifteenth, 
adopted in Grant’s administration, forbade the 
denial or abridgment of the right of suffrage to any 
citizen on account of race, color, or previous condi¬ 
tion of servitude. In five years, 1865 to 1870, the 
three last mentioned amendments were ratified. 
After an interval of forty-three years with no 
amendments to the Constitution the sixteenth was 
adopted in Taft’s administration which gave Con¬ 
gress the power to levy and collect taxes on incomes. 
The seventeenth, also adopted in Taft’s adminis¬ 
tration, provided for the election of senators by the 
people. The eighteenth amendment prohibited the 
manufacture, sale, transportation, importation, and 
exportation of intoxicating liquors, while the nine¬ 
teenth, better known as the “Woman Suffrage 
Amendment,” granted women the right to vote. 
Both the eighteenth and nineteenth amendments 
were adopted during the administration of Presi¬ 
dent Wilson. Authorities have been led to term 
the Constitution a formidable apparatus for the 
prevention of sudden change. 


THE JUDICIAL DEPARTMENT 


157 


Questions 

To the Pupil: 

1. What is the function of the Supreme Court? 

2. How are federal judges selected and how long do they 

serve ? 

3. Name and give the jurisdiction of the inferior courts. 

4. What federal court sits in your section of the state? 

What cases does it try? 

5. Show what control Congress or the President has over the 

Supreme Court. Why? 

6. Name the judges of the Supreme Court. 

7. Explain the methods of amending our Constitution. 

8. Summarize the amendments to the Constitution by groups. 

9. What was the longest period of time the Constitution 

went without being amended? Give the amendments 
due to social reforms. 

10. If any amendments are awaiting ratification of the states, 

discuss the need for such amendments. 

11. Justify our present system of ratification by which the 

state with the largest population has no more power 
than the state with the smallest population. 

12. Discuss the fact that when President Washington in 1793 

sought an opinion of the Supreme Court on certain 
points regarding a treaty with France it declined to 
answer, holding that it could give decisions only when a 
case was brought before the court. 

13. What are the reasons for the Supreme Court deciding 

“legal” controversies and refusing to consider “political” 
controversies? 

14. Some people advocate a “recall” of judges. Give the 

dangers of such a move. 

15. What would be the result if we elected our judges by 

popular vote? 

16. The Judges of the Supreme Court wear black gowns 

while on the bench and are the only public officials 
who wear an official dress. Why are we so opposed 


158 


THE MARCH OF DEMOCRACY 


to official ceremony and dress? Why is it considered 
proper here? 

Things to Do: 

1. List for discussion and give reasons for any amendments 

you think should be added to the Constitution. 

2. An amendment to the Constitution has several times been 

suggested in Congress providing that if the Supreme 
Court declared an act of Congress unconstitutional and 
the same act is again passed by Congress by a two- 
thirds vote, it shall become Constitutional. Prepare an 
argument for or against such action. 

3. Appoint a committee to draw up a list of ten or more 

questions of interest regarding the Supreme Court and 
amending the Constitution. Post the list for members 
of the class. At a stated recitation place each question 
on a numbered slip of paper. Draw slips. Each mem¬ 
ber should be prepared as the number of his slip is 
called to give a three- or five-minute talk on the subject 
indicated, or he should be able to talk extemporaneously 
on any of the topics selected by chance. 


CHAPTER EIGHT 


THE UNWRITTEN CONSTITUTION 

The Constitution, with the exception of a few 
amendments, has remained the same outwardly and 
withstood the test in this age of changing govern¬ 
ments and conditions without destructive alteration. 

This remarkable record is due largely to the fore¬ 
sight with which the Constitution was drafted, its 
brevity, the conservatism the document promoted 
among the people, and the use of general terms 
flexible in application. A single clause of little value 
in itself but far reaching in importance has given 
an opportunity to develop powers not mentioned or 
even anticipated when the Constitution was framed. 
Many regard this elastic clause as one of the most 
important if not the most important clause in the 
whole Constitution, because it has been largely the 
basis of the development of our unwritten Constitu¬ 
tion when applied to different clauses in the Consti¬ 
tution to make them fit present conditions. 

When it is possible to apply the words “necessary 
and proper for carrying into execution” to the 
limited powers set forth in the Constitution, the 
government can frequently act in ways that would 
not seem warranted by the strict interpretation of 
the document. John Marshall was called “the 
second maker of the Constitution.” When he be- 
159 


160 


THE MARCH OF DEMOCRACY 


Expan¬ 
sion by 
Court 
Interpre¬ 
tation. 


came Chief Justice only two decisions on Constitu¬ 
tional law had been pronounced by the Court. 
During his thirty-four years of service fifty-one 
decisions were handed down. Bryce said, “His work 
of building up and working out the Constitution 
was accomplished not so much by the decisions he 
gave as by the judgment in which he expounded 
the principles of these decisions, judgments which 
for their philosophical breadth, the luminous ex¬ 
actness of their reasoning, and the fine political sense 
which pervades them, have never been surpassed 
and rarely equaled by the famous jurists of modern 
Europe, or of ancient Rome.” 

The general common sense and clarifying opinions 
of Marshall and his associates and successors have 
determined a policy that makes possible legislation 
to meet our changing needs without disturbing the 
original form of the Constitution. 

In this manner the unwritten Constitution has 
become largely the basis for our government with 
the framework of limited powers in the background 
to safeguard the fundamental principles of our 
democracy. 

The meaning of the Constitution rests on judicial 
interpretation and the construction of law, although 
the obvious way of changing it is by amendment. 

Laws passed by Congress, by state legislatures, 
acts of executive officers, consolidated public opinion 
voiced in law, are all subject to challenge as to 
constitutionality, and a test case finds its way into 
the Supreme Court. 


THE UNWRITTEN CONSTITUTION 161 

The burden of proof in a “case” must come from 
those who assert the existence of a right. It is 
necessary to show the court where the Constitution 
grants an asserted right, either in an expressed 
power or in an implied power. 

If nothing directly or indirectly confers it, the law 
is null and void. Unless the proposition is raised in 
the trial of the cause and its presentation to the 
court, a court is loath to raise the point itself in the 
first instance. It is also the custom of the court to 
pass the Constitutional question if the case may be 
disposed of by the decision of other questions. 
When forced to do so, however, the Supreme Court 
decides whether an asserted right is in harmony or 
conflicts with the Constitution. 

Two basic principles have been laid down for 
liberal interpretation: 

1. “Every power alleged to be vested in the 
National government or any organ thereof must be 
affirmatively shown to have been granted.” 

2. “When once the grant of power by the people 
to the National government has been established 
that power will be construed broadly.” 

When it has once been shown after due search 
of the Constitution that there is definite authority to 
grant a power it may be applied in a liberal way. 
For instance, the Constitution states that Congress 
has the power to regulate commerce. Under an 
early decision the Supreme Court ruled that Com¬ 
merce included traffic, trade, navigation, communi¬ 
cation, the transit of persons and the transmission 


162 the march of democracy 

of messages—indeed every species of commercial 
intercourse. 

Guided by this ruling Congress passed the Inter¬ 
state Commerce Law which has been frequently 
amended until it includes railway and steamship 
lines, express companies, telegraph, telephone and 
wireless transmission of messages, brought under 
control of the Interstate Commerce Commission 
which regulates rates and has the authority to 
regulate the business practices of those engaged in 
interstate commerce. 

Congress has enacted other laws requiring safety 
devices on railroads, federal employers’ liability, 
limiting the hours of continuous service for train 
crews, even creating a Railroad Labor Board to 
settle disputes with respect to wages of employees 
and working conditions. 

This very clearly shows that when once power is 
granted the strictness of the initial step permits 
liberality in application. 

Other nations are amazed at the ease with which 
public opinion is interpreted in the decisions of the 
Supreme Court. In 1803 public opinion sanctioned 
the purchase of Louisiana. President Jefferson felt 
uneasy about the constitutionality of his act when 
he negotiated and completed the purchase, although 
he acquiesced in Albert Gallatin’s justification of 
it as an exercise of treaty-making power. Jefferson 
felt that every power should be specifically stated 
in the Constitution and desired an amendment to 
validate his act. Congress and the people as well 


THE UNWRITTEN CONSTITUTION 163 

felt otherwise about it, and signified that approval 
of the legislatures were sufficient since Congress was 
authorized to “provide for the common defense and 
general welfare of the United States.” Later this 
act rather than any specific provision in the Con¬ 
stitution served as a justification for our subsequent 
additions of territory. 

In 1798 the people generally disapproved the 
Alien and Sedition Acts, and this disapproval has 
prevented any similar legislation. 

We could enumerate other cases in which the 
importance of interpretation depends on what the 
majority regard as necessary to the general welfare 
of the people. On the courts then rests the re¬ 
sponsibility of searching for the power that permits 
general public opinion to be voiced in the law. 

We have seen that our government has fre¬ 
quently had to act in ways that do not seem war¬ 
ranted by a strict interpretation of the Constitution. 
In such cases the doctrine of implied powers has 
been used in justification. 

In 1791 Alexander Hamilton urged his friends to 
charter a Bank of the United States to handle funds 
of the government. Congress had not been given 
the power to create a corporation; in fact the right 
to that particular power had been defeated in the 
Philadelphia Convention. Hamilton argued that 
the implied power was given under the “necessary 
and proper” clause. He maintained that “necessary” 
meant “suitable,” thus starting a controversy which 
ended in the courts generally agreeing that the word 


Implied 

Powers. 


164 the march of democracy 

“necessary” be interpreted as meaning “convenient.” 
After some debate and delay Washington signed the 
bill making that particular phrase the true basis 
for the growth of the doctrine of implied powers. 

Out of this doctrine has grown a perfect maze of 
interpretations and decisions extending to practi¬ 
cally every clause and amendment. Consulting an 
annotated edition of the Constitution, you will be 
surprised at what has befallen the simple language 
of the Constitution as it has gone through the 
process of application to our growing needs. 

Financial legislation involving various modes of 
taxation, creating a system of custom houses, 
revenue cutters, and tariff for protection of our 
industries have been the outgrowth of implied 
powers. Interstate commerce regulations, regula¬ 
tion of railroad rates, power to control immigration 
expected by the “makers” to be unrestricted, the 
control of navigation, construction of public works, 
and many rights not enumerated are regarded to¬ 
day as absolutely essential to the common good 
and general welfare of our citizens. 

Court decisions which narrow the limits of state 
jurisdiction tend to widen the authority of the 
Federal Constitution, and the whole process of gov¬ 
ernment becomes more complicated as the courts 
which have the responsibility of “liberal interpreta¬ 
tion” grant powers demanded by the trend of the 
times. 

The Constitution is so elastic that there is almost 
no limit to the extension of the powers of the 


THE UNWRITTEN CONSTITUTION 


165 


Federal Government by means of judicial interpre¬ 
tation. The only thing necessary is to have suffi¬ 
cient justification and a national public opinion 
which favors extension. Congress to-day is given 
powers little dreamed of by the makers of the 
Constitution. The Department of Agriculture alone 
includes bureaus such as weather, animal husbandry, 
plant industry, chemistry, soils, crop estimates, and 
markets—justified by demands made by the people. 

The wonderful progress made since the Constitu¬ 
tional Convention and the unforeseen changes met 
by the extension of implied powers leads us to 
wonder what changes will occur when extended into 
the future for an equal period of time. 

In discussing implied powers the conclusion 
might be drawn that there is no limitation on the 
extension or interpretation of the Constitution. 

This is not true primarily because our federal 
courts according to policy are composed of judges 
appointed for their special fitness and conservative 
tendencies rather than their political affiliation. 
Federal judges are independent because they are ap¬ 
pointed for life or good behavior, but subject to 
removal by impeachment, and are also bound by 
their respect for the power of public opinion. 

Alexander Hamilton in the Federalist discussed 
the relative powers of the three departments of our 
government. “The Executive not only dispenses 
the honors,” he said, “but holds the sword of the 
community. The Legislature not only commands 
the purse, but prescribes the rules by which the 


Restrain¬ 
ing the 
Power 
of Inter¬ 
pretation. 


166 THE MARCH OF DEMOCRACY 

duties and rights of every citizen are to be regulated. 
The Judiciary, on the contrary, has no influence 
over either the sword or the purse—and can take no 
active resolution whatever. It may truly be said 
to have neither force nor will but merely judgment. 
This simple view of the matter suggests several im¬ 
portant consequences—it proves incontestably that 
the judiciary is beyond comparison the weakest of 
the three departments of power, that it can never 
attack with success either of the others, and that 
all possible care is requisite to enable it to defend 
itself against their attacks.” 

It can easily be seen that the judiciary will not be 
able to dominate other departments of government 
and naturally depends on the will of the people for 
its moral support. 

Back of the entire government is the power of 
public opinion. It operates constructively in the 
following manner. Private organizations carry on 
a certain line of work with the result that public 
opinion insists that it meets a state need. It is then 
taken over by a single state, afterward by other 
states until public opinion demands that the 
national government enact a law to assume the en¬ 
terprise. A test case may be made and the Supreme 
Court, noting the trend of public opinion, searches 
for power to take over the enterprise and is usually 
successful if the facts in the case warrant it. The 
application of the Doctrine of Public Policy receives 
serious consideration in every case and is just as 
effective in restraining the court as in encouraging 


THE UNWRITTEN CONSTITUTION 167 

broader interpretation. There is no doubt that in 
America public opinion will have a restraining influ¬ 
ence and continue to hold the balance of power. 

The whole scheme is much better in a democracy 
than a fixed constitution because its very elasticity 
enables the people to secure changes impossible 
under a more complicated system. Judge Cooley 
says in part: “We may think that we have the 
Constitution all before us; but for practical pur¬ 
poses the Constitution is that which the govern¬ 
ment, in its several departments, and the people in 
the performance of their duties as citizens recognize 
and respect as such.” 

The Constitution is very definite in delegating 
some powers. We may wonder how other seem¬ 
ingly important powers were entirely omitted. In 
some cases this was intentional because the Conven¬ 
tion could not agree on certain propositions and 
thought it best to omit rather than specify some that 
might develop serious controversy. 

There are some features of our government that 
are neither in the Constitution nor upon any 
statute but rest entirely on custom. 

The presidential electors by custom vote as 
pledged by their political party rather than exercise 
the discretion granted by the Constitution. 

The President is not reelected more than once 
because of custom. 

The Senate usually approves the cabinet officers 
appointed by the President regardless of its right 
to refuse confirmation. 


Develop¬ 
ment by 
Custom. 


168 THE MARCH OF DEMOCRACY 

Custom requires a member of Congress to be a 
resident of the district from which he is chosen 
although no federal enactment covers the case. 

The right of a state to secede from the Union is 
no longer claimed. 

The cabinet as a collective body is not mentioned 
in the Constitution nor by an Act of Congress. The 
written Constitution provides only that the Presi¬ 
dent “may require the opinion, in writing, of the 
principal officer in each of the executive depart¬ 
ments, upon any subject relating to the duties of 
their respective offices.” This gives no power to 
call a meeting to discuss matters of diplomacy. 
Now the cabinet meets on one day a week known 
as Cabinet Day. No minutes of the meetings are 
kept, and the President is not bound by a vote of 
his cabinet. It is an advisory group of the same 
political party as the President and bears an im¬ 
portant part in government. 

Custom permits National Party Conventions for 
the purpose of nominating candidates for the 
presidency. Woodrow Wilson, in discussing custom, 
said, “Custom never ceases to build up practices 
legal in character yet wholly outside formal Law, 
constricting even in its action on Congress and 
great parts of great Constitutions. It constantly 
maintains the great forces of precedent and opinion 
which daily work their will under every form of 
government upon both the contents and the ad¬ 
ministration of the law. Custom is Habit under 
another name; and Habit in its growth, while it 


THE UNWRITTEN CONSTITUTION 169 

continually adjusts itself to the standard fixed in 
formal Law also slowly compels formal Law to con¬ 
form to its abiding influences.” 

Questions 

To the Pupil: 

1. What do we mean by an unwritten constitution? 

2. Repeat the part of the “elastic clause” and the preamble 

that largely gives the basis to the unwritten constitu¬ 
tion. 

3. Why is John Marshall called the “second maker of the 

Constitution” ? 

4. Give an instance of a law enacted for the general welfare 

of the people first by the states and later by the federal 
government. 

5. Why is the Supreme Court called “the balance wheel of 

the Constitution”? 

6. What are two basic principles for liberal interpretation 

of the Constitution? 

7. Give an example of public opinion being interpreted in a 

decision of the court. 

8. How does a Chief Justice such as John Marshall become 

so influential in decisions when he has no more voting 
power than the other justices? 

9. What is the Doctrine of Implied Powers? 

10. From Hamilton’s discussion answer the propagandists who 

assert the Supreme Court has too much power. 

11. What is the Doctrine of Public Policy? 

12. Enumerate the customs that have become a part of our 

government. 

13. Using Woodrow Wilson’s summary on custom, give your 

opinion as to whether you believe we will be guided more 
and more by custom as our nation grows older. 

14. What significance can be attached to the fact that the 

last few cabinet positions have been created by taking 
bureaus out of the Department of the Interior? 


170 THE march of democracy 

15. Be able to give a five-minute talk on John Marshall and 

the unwritten constitution. 

16. What would have been the effect on our Constitution if 

the idea of an unwritten constitution had not been 
developed ? 

17. Why do not the state constitutions generally recognize 

this idea of an unwritten constitution? 

THE OATH OF ALLEGIANCE 

The oath which the petitioner takes is: 

“i HEREBY DECLARE ON OATH, THAT I AB¬ 
SOLUTELY AND ENTIRELY RENOUNCE AND ABJURE 
ALL ALLEGIANCE AND FIDELITY TO ANY FOREIGN 
PRINCE, POTENTATE, STATE OR SOVEREIGNTY, AND 
PARTICULARLY TO (NAME OF SOVEREIGN OF COUN¬ 
TRY), OF WHOM I HAVE HERETOFORE BEEN A 

subject; that I will support and defend the 

CONSTITUTION AND LAWS OF THE UNITED STATES 
OF AMERICA AGAINST ALL ENEMIES, FOREIGN AND 
DOMESTIC, AND THAT I WILL BEAR TRUE FAITH 
AND ALLEGIANCE TO THE SAME.” 


CHAPTER NINE 


UNITED STATES CITIZENSHIP 

While the word “citizen” is frequently used in the 
Constitution, no definition of its meaning is given 
in the Constitution as originally adopted. In the 
Fourteenth Amendment, however, adopted in 1868, 
citizenship is defined as follows: 

“All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein 
they reside.” 

A double citizenship is thus recognized: 

(1) A United States citizenship, and 

(2) A state citizenship. 

One of the greatest defects of the government 
under the Articles of Confederation was, as we have 
seen before, that it operated upon states and not 
upon individuals. This defect was overcome by the 
creation of a United States citizenship whereby the 
Constitution operates directly upon individuals. 
The United States citizenship is superior to the 
state citizenship, and a citizen’s loyalty is due first 
to the United States, and then to the particular 
state in which he resides. 

171 


Citizen¬ 

ship 

Defined. 


How an 
Alien may 
Acquire 
Citizen¬ 
ship. 


Process of 
Naturali¬ 
zation. 


172 THE MARCH OF DEMOCRACY 

A subject of a foreign power residing in the 
United States is called an alien. The process by 
which an alien becomes a citizen of the United 
States is called “naturalization.” Naturalization is 
limited to persons who: 

(1) Can speak the English language, 

(2) Are of good moral character, 

(3) Believe in organized government, 

(4) Are opposed to polygamy, 

(5) Intend to reside permanently in the United 

States, and 

(6) Come from a state which is at peace with the 

United States. 

(7) Attached to the principles of the Constitution 

of the United States. 

Naturalization is permitted to all peoples except 
certain of the yellow race and is accomplished as 
follows: 

(1) Declaration oj Intention. An alien wishing 
to become a citizen of the United States must first 
make a declaration under oath before a court of 
record of his intention to become a citizen, and to 
renounce all allegiance to any foreign power. 

(2) Petition for Naturalization. Not less than two 
years after filing his declaration of intention, and 
after not less than five years’ continuous residence 
in the United States, he may file in any court of 
record, a petition for naturalization, proving by two 
witnesses who are citizens of the United States that 
he has been a resident of the United States for five 
consecutive years, and, during the year preceding 


UNITED STATES CITIZENSHIP 173 

his petition, a resident of the state in which he 
makes application for admission. His children who 
are under twenty-one years of age also become 
citizens by his act. 

Since 1922 his wife, like an unmarried alien 
woman, must take steps of naturalization the same 
as her husband. 

The citizenship of a married woman is now inde¬ 
pendent of her husband's. If an American woman 
marries a foreigner and still lives in the United 
States, she retains her citizenship. An alien woman 
who marries an American and comes here to 
live must be naturalized before becoming a citizen, 
but the period of complete naturalization in her 
case is one year. 

(3) Admission. If the court is satisfied with the 
truthfulness of the statements, the applicant may 
then become a citizen by: 

(a) Renouncing all allegiance to any foreign power. 

(b) Renouncing all foreign titles or orders of nobil¬ 

ity, and 

(c) Making oath to support the Constitution of the 

United States. 

The United States citizenship thus created does 
not necessarily entitle the citizen to the right of 
suffrage. The privilege of voting is a gift of the 
state, and is conferred at the pleasure of the in¬ 
dividual states. In some states aliens who have 
filed their declaration of intention are permitted 
to vote, while in others the privilege is granted 


THE MARCH OF DEMOCRACY 


174 


Validity 
of Natur¬ 
alization 
in the 
United 
States. 


only to those who are actual citizens of the United 
States. 

The United States has always contended that 
any citizen of a foreign nation has the right to 
expatriate himself and become a citizen of the 
United States. The attitude of the United States on 
this question was set forth fully and explicitly in 
the Koszta case in 1853. In 1850 one Martin 
Koszta, a Hungarian by birth, came to America and 
declared his intention to become a citizen of the 
United States. After about two years’ residence 
in the United States he went to Smyrna where the 
American diplomatic representative granted him a 
kind of guarantee of safe conduct. While in Asia 
Minor in 1853, he was arrested by the Austrian 
government on account of his complicity in a re¬ 
bellion in his native land prior to his coming to 
America. His appeal to the United States govern¬ 
ment for protection on the ground that he had 
applied for naturalization papers as an American 
citizen and the activity of the United States re¬ 
sulted in his release through the efforts of President 
Pierce. His release was not accomplished, how¬ 
ever, without strenuous protest on the part of 
Austria. The Secretary of State ruled that: “This 
right to protect persons having a domicile, though 
not native-born or naturalized citizens, rests on the 
firm foundation of justice.” 

Many foreigners in years past have become 
naturalized citizens of the United States in order 
to escape military and other service in their native 


UNITED STATES CITIZENSHIP 175 

country, and after securing citizenship have re¬ 
turned to reside in their native land. A law of 1907 
recognizes the principle of protection in allowing 
the Secretary of State at his discretion to issue pass¬ 
ports limited to six months to persons who have 
declared their intention to become citizens of the 
United States. However, these are not good in states 
of prior allegiance. Expatriation of this kind is not 
approved by the United States, and naturalization 
is now permitted only to those persons who declare 
their intention to reside permanently in the United 
States. 


Questions 

To the Pupil: 

1. Who are citizens of the United States? 

2. Enumerate the requirements for obtaining citizenship. 

3. From references find out how people lose their American 

citizenship. 

4. Describe the entire process of naturalization. 

5. Why was the law changed so that the wife of an alien 

eligible to naturalization must become naturalized in 
order to become a citizen? 

6. Why is the exception made that an alien man who has 

served in the army or navy of the United States and an 
alien women who marries an American citizen can be¬ 
come naturalized in one year? 

7. What are the reasons for requiring a literacy test before 

admitting aliens? 

8. Under the Johnson Immigration Law, two per cent of 

the total number of any nationality living in the United 
States in 1890 are admitted. After July 1, 1927, the 
maximum number of immigrants admissible from the 
countries to which the law applies shall be 150,000, and 


176 


THE MARCH OF DEMOCRACY 


these shall be apportioned in accordance with the “na¬ 
tional origin” principle, according to which newcomers 
are admitted in proportion to the total number of each 
stock to the entire white population. Discuss the 
justice of this law. Why was the date 1890 used 
instead of 1910? 

9. Why were our laws on immigration made so restrictive 
during and after the World War? 

10. In some states an alien is permitted to vote after taking 

out his first papers sometimes several years before he is 
entitled to receive a Certificate of Naturalization. Dis¬ 
cuss the advisability of such practice. 

11. The king of a foreign country maintained that as long 

as the people who emigrated to America used the mother 
tongue and taught their children the mother tongue— 
that he could depend on their loyalty to his country. 
What suggestions does this make for changes in our 
naturalization laws? 

12. What is Americanization? Ascertain what is being done 

along this line in your own and other communities. 
What evidences indicate that some of our own citizens 
need this training? 

13. Why do most of the immigrants who come to America 

now settle in the big cities? How does this complicate 
the problem of Americanization? 

14. Show that it is a wise provision that a Certificate of 

Naturalization can be canceled within five years after a 
person leaves the United States and takes up permanent 
residence in a foreign country. 

Things to Do: 

1. Find out from some naturalized foreigner the reasons 
that brought him to America and the early impressions 
he had of our country and people; or if it can be done 
without embarrassment, secure the information from 
some alien who has lived here several years as to why 
he is not going through the process of naturalization 


UNITED STATES CITIZENSHIP 177 

to become a citizen of the United States. Report the 
interview to the class. 

2. Dramatize the naturalization of a foreigner. Use as a 

basis a booklet on “How to Obtain Citizenship Papers,” 
by Thompson, issued by the National Security League 
of New York City. 

3. Debate the following question: 

Resolved, That all aliens should be compelled to learn 
to read and write the English language, and be able 
to pass a test on the Declaration of Independence and 
the Constitution before being admitted to citizenship. 

4. Prepare an argument to use in convincing an alien that 

he should become naturalized. 

5. From outside sources determine when a naturalized citizen 

of the United States is not a citizen. How could this 
be remedied? Refer to Atlantic Monthly, January, 
1925, “When Is a Citizen Not a Citizen?” 

Books for class reports: 

“The Promised Land,” Mary Antin. 

The story of a little Jewish immigrant girl. 

“Our Foreign-born Citizens,” Annie E. S. Beard. 

Short sketches of the lives of thirty-four prominent nat¬ 
uralized Americans. 

“Americans by Adoption,” Joseph Husband. 

Short biography of nine great naturalized Americans. 

“The Making of an American,” Jacob A. Riis. 

Experiences of the author. 

“The Soul of an Immigrant,” Constantine M. Panunzio. 

Story of an Italian boy in becoming an American citizen . 


CHAPTER TEN 


The 

Com¬ 

pact. 


THE MAYFLOWER COMPACT WITH COMMENTS 

While the Mayflower was anchored off Cape Cod 
in December, 1620, the Pilgrims met in its cabin 
and signed the following compact: 

“In ye name of God Amen. We whose names are 
underwrite^ the loyall subjects of our dread sov- 
eraigne Lord King James, by ye grace of God, of 
great Britaine, Franc, & Ireland king, defender of 
ye faith, &c haveing undertaken, for ye glorie of 
God and advancemente of ye Christian faith and 
honour of our king and countrie, a voyage to plant 
ye first colonie in ye Nor theme parts of Virginia. 
Doe by these presents solemnly mutualy in ye 
presence of God, and one of another, covenant, 
combine our selves togeather into a civill body 
politick, for our better ordering, preservation fur¬ 
therance of ye ends aforesaid; and BY VERTUE 
HEAROF to enacte, constitute, and frame shuch 
just equall lawes, ordinances, Acts, constitutions, 
offices, from time to time, as shall be thought most 
meete convenient for ye generall good of ye 
Colonie; Unto which we promise all due submis¬ 
sion and obedience. In witnes wherof we have 
hereunder subscribed our names at Cap-Codd ye 
11 of November, in ye year of ye raigne of our 
soveraigne Lord King James of England, France, 
& Ireland ye eighteenth, and of Scotland ye fiftie 
fourth. Ano: Dom. 1620.” 

178 


THE MAYFLOWER COMPACT 


179 


This compact is sometimes called the first written 
constitution with democratic government. Strictly 
speaking, however, it is not a constitution. A con¬ 
stitution creates a form of government, specifies the 
functions of government, and defines and limits the 
powers of government. In this sense the compact 
was not a constitution, nor did it create a con¬ 
stitution. It was simply an agreement of resolute, 
high-minded, God-fearing men, binding themselves 
to obey whatever constitutions and laws should 
thereafter be enacted by mutual consent. The 
spirit of the makers of the Compact was, un¬ 
doubtedly, akin to that of the framers of the Con¬ 
stitution. 

The people of Hartford, Windsor, and Wethers¬ 
field created and established a government by the 
adoption of “The Fundamental Orders of Con¬ 
necticut” in 1639. This Connecticut Constitution, 
rather than the Mayflower Compact, should be 
considered the beginning of our Constitution. “It 
is on the banks of the Connecticut, under the mighty 
preaching of Thomas Hooker and in the constitution 
to which he gave life, if not form, that we draw the 
first breath of that atmosphere which is now so 
familiar to us. The birthplace of American democ¬ 
racy is Hartford.” 


The 
Com¬ 
pact 
not a 
Consti¬ 
tution. 


CHAPTER ELEVEN 


Pre¬ 
amble, 
or Intro¬ 
duction, 
Telling 
Why the 
Declara¬ 
tion Is 
Publicly 
Issued. 

Statement 
of t he 
Rights of 
Men, the 
Reasons 
for Estab¬ 
lishing 
Govern¬ 
ments, 
and the 
Circum¬ 
stances 
Under 
Which 
Changes 
in Govem- 


THE DECLARATION OF INDEPENDENCE 

In Congress, July 4, 1776. 

The Unanimous Declaration of the thirteen 
United States of America: 

“When in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands, which have connected them with another, 
and to assume among the powers of the earth, the 
separate and equal station to which the Laws of 
Nature and of Nature’s God entitle them, a decent 
respect to the opinions of mankind requires that 
they should declare the causes which impel them 
to the separation.—We hold these truths to be 
self-evident, that all men are. created equal, that 
they are endowed by their Creator with certain 
unalienable Rights, that among these are Life, 
Liberty and the pursuit of Happiness.—That to 
secure these rights, Governments are instituted 
among Men, deriving their just powers from the 
consent of the governed.—That whenever any 
Form of Government becomes destructive of these 
ends, it is the Right of the People to alter or 
to abolish it, and to institute new Government, 
laying its foundation on such principles and organ¬ 
izing its powers in such form, as to them shall 
seem most likely to effect their Safety and Hap¬ 
piness. Prudence, indeed, will dictate that Gov¬ 
ernments long established should not be changed 
180 


THE DECLARATION' OF INDEPENDENCE 181 


for light and transient causes ; and accordingly all 
experience hath shewn, that mankind are more dis¬ 
posed to suffer, while evils are sufferable, than to 
right themselves by abolishing the forms to which 
they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the 
same Object evinces a design to reduce them under 
absolute Despotism, it is their right, it is their 
duty, to throw off such Government, and to pro¬ 
vide new Guards for their future security.—Such 
has been the patient sufferance of these Colonies; 
and such is now the necessity which constrains 
them to alter their former Systems of Government. 
The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an 
absolute Tyranny over these States. To prove 
this, let Facts be submitted to a candid world.— 
He has refused his Assent to Laws, the most 
wholesome and necessary for the public good. 
He has forbidden his Governors to pass Laws of 
immediate and pressing importance, unless sus¬ 
pended in their operation till his Assent should 
be obtained; and when so suspended, he has ut¬ 
terly neglected to attend to them.—He has refused 
to pass other Laws for the accommodation of large 
districts of people, unless those people would re¬ 
linquish the right of Representation in the Legis¬ 
lature, a right inestimable to them and formidable 
to tyrants only.—He has called together legisla¬ 
tive bodies at places unusual, uncomfortable, and 
distant from the depository of their public Records, 
for the sole purpose of fatiguing them into com¬ 
pliance with his measures.—He has dissolved Rep¬ 
resentative Houses repeatedly, for opposing with 
manly firmness his invasions on the rights of the 


ment Are 
Justi¬ 
fiable. 


State¬ 
ment 
of the 
Unjust 
Acts 
of the 
King. 


182 the march of democracy 

people.—He has refused for a long time, after 
such dissolutions, to cause others to be elected; 
whereby the Legislative powers, incapable of An¬ 
nihilation, have returned to the People at large 
for their exercise; the State remaining in the 
meantime exposed to all the dangers of invasion 
from without, and convulsions within.—He has 
endeavoured to prevent the population of these 
States; for that purpose obstructing the Laws for 
Naturalization of Foreigners; refusing to pass 
others to encourage their migration hither, and 
raising the conditions of new Appropriations of 
Lands.—He has obstructed the Administration of 
Justice, by refusing his Assent to Laws for es¬ 
tablishing Judiciary powers.—He has made Judges 
dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their 
salaries.—He has erected a multitude of New 
Offices, and sent hither swarms of Officers to 
harass our people, and eat out their substance.— 
He has kept among us, in times of peace, Stand¬ 
ing Armies without the Consent of our legislature. 
—He has affected to render the Military indepen¬ 
dent of and superior to the Civil power.—He has 
combined with others to subject us to a jurisdic¬ 
tion foreign to our constitution, and unacknowl¬ 
edged by our laws; giving his Assent to their Acts 
of pretended Legislation!—For quartering large 
bodies of armed troops among us:—For protecting 
them, by a mock Trial, from punishment for any 
Murders which they should commit on the Inhab¬ 
itants of these States:—For cutting off our Trade 
with all parts of the world:—For imposing Taxes 
on us without our Consent:—For depriving us in 
many cases, of the benefits of Trial by Jury:— 
For transporting us beyond Seas to be tried for 


THE DECLARATION OF INDEPENDENCE 183 


pretended offences:—-For abolishing the free Sys¬ 
tem of English Laws in a neighbouring Province, 
establishing therein an Arbitrary government, and 
enlarging its Boundaries so as to render it at once 
an example and fit instrument for introducing the 
same absolute rule into these Colonies:-—For tak¬ 
ing away our Charters, abolishing our most valu¬ 
able Laws, and altering fundamentally the Forms 
of our Governments:—For suspending our own 
Legislatures, and declaring themselves invested 
with power to legislate for us in all cases what¬ 
soever.—He has abdicated Government here, by 
declaring us out of his Protection and waging War 
against us.—He has plundered our seas, ravaged 
our Coasts, burnt our towns, and destroyed the 
lives of our people.—He is at this time transport¬ 
ing large Armies of foreign Mercenaries to com¬ 
plete the works of death, desolation and tyranny, 
already begun with circumstances of Cruelty, 
perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the Head of a civilized 
nation.—He has constrained our fellow Citizens 
taken Captive on the high Seas to bear Arms 
against their Country, to become the executioners 
of their friends and Brethren, or to fall themselves 
by their Hands,—He has excited domestic insur¬ 
rections amongst us, and has endeavoured to bring 
on the inhabitants of our frontiers, the merciless 
Indian Savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes 
and conditions.—In every stage of these Oppres¬ 
sions We have Petitioned for Redress in the most 
humble terms. Our repeated Petitions have been 
answered only by repeated injury. A Prince, 
whose character is thus marked by every act which 
may define a Tyrant, is unfit to be the ruler of a 


State¬ 
ment 
of the 
Remon¬ 
strances 
of the 
Colonists. 


184 


THE MARCH OF DEMOCRACY 


Conclu¬ 
sion—The 
Declara¬ 
tion of 
Colonial 
Indepen¬ 
dence. 


free people. Nor have We been wanting in at¬ 
tentions to our British brethren. We have warned 
them from time to time of attempts by their legis¬ 
lature to extend an unwarrantable jurisdiction 
over us. We have reminded them of the circum¬ 
stances of our emigration and settlement here. 
We have appealed to their native justice and 
magnanimity, and we have conjured them by the 
ties of our common kindred to disavow these usur¬ 
pations, which would inevitably interrupt our 
connections and correspondence. They too have 
been deaf to the voice of justice and of consan¬ 
guinity. We must, therefore, acquiesce in the ne¬ 
cessity, which denounces our Separation, and hold 
them, as we hold the rest of mankind, Enemies in 
War, in Peace Friends.—WE, THEREFORE, the 
Representatives of the United States of Amer¬ 
ica, in General Congress, Assembled, appealing 
to the Supreme Judge of the world for the recti¬ 
tude of our intentions do, in the Name, and by 
authority of the good People of these Colonies, 
solemnly publish and declare, That these United 
Colonies are, and of Right ought to be free and 
independent states ; that they are Absolved from 
all Allegiance to the British Crown, and that all 
political connection between them and the State 
of Great Britain is and ought to be totally dis¬ 
solved ; and that as free and independent states, 
they have full Power to levy War, conclude Peace, 
contract Alliances, establish Commerce, and to do 
all other Acts and Things which independent 
states may of right do. And for the support of 
this Declaration, with a firm reliance on the pro¬ 
tection of Divine Providence, we mutually pledge 
to each other our Lives, our Fortunes, and our 
sacred Honor.” 


THE DECLARATION OF INDEPENDENCE 185 

Only a few of the signatures on the parchment 
copy 1 are now legible. Consequently they are given 
below, classified by states and occupations: 


New Hampshire. 

Josiah Bartlett (Physician) 
William Whipple (Sailor) 
Matthew Thornton (Physi¬ 
cian) 

Massachusetts Bay. 

John Hancock (Merchant) 
Samuel Adams (Merchant) 
John Adams (Lawyer) 

Robert Treat Paine (Lawyer) 
Elbridge Gerry (Merchant) 

Rhode Island. 

Stephen Hopkins (Farmer) 
William Ellery (Lawyer) 

Connecticut. 

Roger Sherman (Shoemaker) 
Samuel Huntington (Lawyer) 
William Williams (Statesman) 
Oliver Wolcott (Physician) 


New York. 

William Floyd (Landholder) 
Philip Livingston (Merchant) 
Francis Lewis (Merchant) 
Lewis Morris (Farmer) 

New Jersey. 

Richard Stockton (Lawyer) 
John Witherspoon (Minister) 
Francis Hopkinson (Lawyer) 
John Hart (Farmer) 
Abraham Clark (Lawyer) 

Pennsylvania. 

Robert Morris (Merchant) 
Benjamin Rush (Physician) 
Benjamin Franklin (Printer) 
John Morton (Surveyor) 
George Clymer (Merchant) 
James Smith (Lawyer) 

George Taylor (Manufac¬ 
turer) 


1 “There are three texts of the Declaration which may be called 
official. One is the text in what is called the ‘rough’ Journal; 
a second is the text in the ‘corrected’ Journal; a third is the text 
on parchment, the one which was signed by the members of 
Congress. The most authoritative text, one would suppose, 
should be that in the corrected Journal. Apart from spelling, 
punctuation, and capitalization, this text is the same as that in 
the rough Journal except in two instances, in each of which a 
single word is omitted from the text in the corrected Journal 
which appears in the rough Journal. That these omissions were 
not intentional seems clear from the fact that they were not 
made in the final parchment copy. The above follows the parch¬ 
ment copy except the last paragraph which is changed in capital¬ 
ization for emphasis.” 


186 


THE MARCH OF DEMOCRACY 


Pen n s ylvania— C ontinued 
James Wilson (Lawyer) 
George Ross (Lawyer) 

Delaware. 

Caesar Rodney (Landholder) 
George Read (Lawyer) 
Thomas M’Kean (Lawyer) 

Maryland. 

Samuel Chase (Lawyer) 
William Paca (Lawyer) 
Thomas Stone (Lawyer) 
Charles Carroll of Carrollton 
(Lawyer) 

Virginia. 

George Wythe (Lawyer) 
Richard Henry Lee (Soldier) 
Thomas Jefferson (Lawyer) 
Benjamin Harrison (Planter) 


Thomas Nelson, Jun. (States¬ 
man) 

Francis Ljghtfoot Lee (Plant¬ 
er) 

Carter Braxton (Planter) 

North Carolina. 

William Hooper (Lawyer) 
Joseph Hewes (Merchant) 
John Penn (Lawyer) 

South Carolina. 

Edward Rutledge (Lawyer) 
Thomas Heyward, Jun. (Law¬ 
yer) 

Thomas Lynch, Jun. (Law¬ 
yer) 

Arthur Middleton (Planter) 

Georgia. 

Button Gwinnett (Farmer) 
Lyman Hall (Physician) 
George Walton (Lawyer) 


The Declaration was signed in this order: Hancock, Bartlett, 
Livingston, Paine, Floyd, John Adams, Lewis, Walton, Samuel 
Adams, Stockton, Huntington, Hopkins, Hart, Clark, Lewis, 
Morris, Morton, Francis Lightfoot Lee, Penn, Sherman, Whipple, 
Witherspoon, Ellery, Hooper, Robert Morris, Harrison, Williams, 
Franklin, Paca, Hopkinson, Stone, Carroll, Jefferson, Taylor, Rut¬ 
ledge, Hewes, Smith, Ross, Clymer, Heyward, Gwinnett, Read, 
Wilson, Lynch, Chase, Braxton, Rush, Hall, Rodney, Nelson, 
Middleton, Wythe, R. H. Lee, Gerry, Wolcott, Thornton, 
M’Kean. 

At the signing of the Declaration, the average age of the 
members was forty-four years. 

At the time of their deaths, five were over ninety years of age, 
nine between eighty and ninety, nine between seventy and eighty, 
thirteen between sixty and seventy, twelve between fifty and 
sixty, seven between forty and fifty and one died at the age of 
thirty. 

The longevity of the signers is remarkable since they lived to 
the average age of approximately sixty-five years and ten months. 

The youngest member was Edward Rutledge who signed in his 
twenty-seventh year. 

The oldest member was Benjamin Franklin who signed in his 
seventy-first year. 


CHAPTER TWELVE 


THE CONSTITUTION OF THE UNITED STATES, 1 
AND AMENDMENTS 

“Not a dead, dull document, but the very 
substance of our freedom.” 

September 17, 1787 

We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, pro¬ 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

The Preamble serves to introduce the purposes 
of the Constitution by first indicating its source (the 
people rather than the states); secondly, it insures 
national unity, peace at home and while traveling 
abroad, justice in courts, personal liberty, and pro¬ 
vides for the welfare of all. 

ARTICLE i 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section I of Article I vests all legislative powers 
in Congress. Note that Section I of Article II vests 
executive power in the President and that Section I 

‘The parts italicized and in brackets throughout the Con¬ 
stitution as printed here are obsolete or no longer operative. 

187 


Pre¬ 

amble. 


Legis¬ 

lative 

Powers. 


188 


THE MARCH OF DEMOCRACY 


House 
of Repre¬ 
sentatives. 


Qualifi¬ 
cations of 
Represen¬ 
tatives. 


Apportion¬ 
ment of 
Represen¬ 
tatives. 


of Article III vests judicial power in the Supreme 
Court. 

Section II. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

Since 1920 women vote the same as men. 
“Electors” means voters which now includes nearly 
all citizens over twenty-one years of age. The 
members of the House are called Congressmen. 

No person shall be a Representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

These qualifications give us stronger candidates, 
and allow even immigrants a chance to hold office 
after seven years of citizenship. Custom requires 
a person to be a resident of the district from which 
he is chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union ac¬ 
cording to their respective numbers [which shall he determined 
by adding to the whole number of free 'persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons ]. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
{and, until such enumeration shall be made, the State of New 


THE CONSTITUTION AND AMENDMENTS 189 

Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five. 
New York six, New Jersey jour, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South Caro¬ 
lina five, and Georgia three]. 

The clause embodying the “three-fifths rule” was 
rendered obsolete by Amendment XIV, Section 2. 
The temporary apportionment clause beginning 
“and until such enumeration is made—” expired in 
1791. The first census was taken in 1790, and a 
federal census has been taken every ten years since 
that time. 

When vacancies happen in the representation from any State, 
the Executive Authority thereof shall issue writs of election to 
fill such vacancies. 

If a representative dies, resigns, or is removed 
from office, the Governor of his state may call a 
special election to choose a successor. This 
guarantees equal representation to all. 

The House of Representatives shall choose their Speaker and 
other officers, and shall have the sole power of impeachment. 

The Speaker or “Chairman” of the House is 
chosen by the members every two years and has 
great power because he usually represents the party 
in control. In a case of impeachment the House 
makes the charges of misconduct in office, but the 
Senate acts as a jury and makes the decision. 

Section III. The Senate of the United States shall be com¬ 
posed of two Senators from each State, chosen [by the Legisla¬ 
ture thereof], for six years; and each Senator shall have one vote. 


Vacan¬ 

cies, 

How 

Filled. 


Officers, 


Senate* 


190 


THE MARCH OF DEMOCRACY 


Classifica¬ 
tion of 
Senators. 


Qualifica¬ 
tions of 
Senators. 


Vice 

Presi¬ 

dent. 


This paragraph is superseded by Amendment 
XVII, which provides that Senators are elected by 
direct vote of the people. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. [The seats of the Senators of the first class shall 
be vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class 
at the expiration of the sixth year\, so that one-third may be 
chosen every second year; [and if vacancies happen by resigna¬ 
tion, or otherwise, during the recess of the Legislature of any 
State, the Executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall then fill 
such vacancies ]. 

The term of a Senator is six years. This scheme 
makes the Senate a continuous body with one third 
retiring every two years. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

Qualifications for Senators are higher than those 
for representatives, as it was thought that older, 
more experienced and better prepared men should 
compose the Senate. 

The Vice President of the United States shall be President of 
the Senate, but shall have no vote unless they be equally divided. 

The Vice President presides over the Senate. He 
has practically no power, voting only in case of a tie. 

The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore, in the absence of the Vice President, or when 
he shall exercise the office of President of the United States. 


Officers. 


THE CONSTITUTION AND AMENDMENTS 191 


If the Vice President should be absent for any 
reason, the Senate may then choose one of its own 
members as the presiding officer. The Senate, like 
the House, makes rules for conducting its business 
and records its proceedings. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the President of the United States is tried, the Chief 
Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

An impeachment case is similar to a grand jury 
hearing. Only “civil officers of the United States” 
are subject to impeachment. Members of the House 
and Senate are not included because they try then- 
own members. President Johnson was impeached in 
1868, but the vote for conviction fell short of the 
necessary two-thirds. Judges Pickering in 1804, 
Humphries in 1862, and Archibald in 1912 were 
impeached and convicted. Remember that impeach¬ 
ment means accusation, not conviction. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United States; 
but the party convicted shall nevertheless be liable and subject to 
indictment, trial, judgment, and punishment, according to law. 

In the several cases of impeachment under our 
Constitution, officials found guilty were merely re¬ 
moved from office, sometimes disqualified from 
holding federal offices. Guilty parties are subject 
to further trial under Amendment V. The object 


Senate a 
Court for 
Trial of 
Impeach¬ 
ments. 


Judg¬ 
ment in 
Case of 
Impeach¬ 
ment. 


192 


THE MARCH OF DEMOCRACY 


Elections 
of Sena¬ 
tors and 
Represen¬ 
tatives. 


Meet¬ 
ing of 
Congress. 


Organiza¬ 
tion of 
Congress. 


of impeachment is to protect us from acts of disloyal 
officials not to punish crime. 

Section IV. The times, places, and manner of holding elec¬ 
tions for Senators and Representatives shall be prescribed in 
each State by the Legislature thereof; but the Congress may at 
any time by law make or alter such regulations, except as to 
places of choosing Senators. 

A state sets the qualifications of age and residence, 
and some states require an educational qualification, 
usually the ability to read and write. 

Congress has superseded the states by making 
regulations authorizing voting by written or printed 
ballots, requiring contiguous districts, and the time 
for the election of members of Congress as the first 
Tuesday after the first Monday in November of 
every second year. Congress also fixed the day for 
voting in all states for the electors of the President 
and Vice President as the first Tuesday after the first 
Monday in November. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Under this paragraph new members elected in 
November do not take their seats until December 
of the next year, more than a year after election. 

Section V. Each House shall be the judge of the elections, 
returns, and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members in such manner and 
under such penalties as each House may provide. 


THE CONSTITUTION AND AMENDMENTS 193 

In either house, the quorum or number required 
to do business is a majority or more than half of the 
members. That would mean at least 49 Senators 
and 218 Representatives. 

Each House may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds expel a member. 

Either House has censored members and expelled 
some. In 1910 the Insurgent movement in the 
House resulted in many changes in the rules. 
Persons not members may be punished for contempt 
of the House or of a member. 


Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either House on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

The Congressional Record published daily while 
Congress is in session furnishes for the benefit of the 
public the proceedings and a record of the vote. 

Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two Houses shall be 
sitting. 

Since 1800 Congress has met at Washington, D.C. 
Action of both Houses is required to make a legis¬ 
lative measure a law; consequently both should be 
in session at the same time and place. 


Rule of 
Proceed¬ 
ings. 


Journal 
of Pro¬ 
ceedings, 


Adjourn¬ 
ment of 
Congress. 


194 


THE MARCH OF DEMOCRACY 


Pay and 
Privileges 
of Mem¬ 
bers. 


Section VI. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the Treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be privi¬ 
leged from arrest during their attendance at the session of their 
respective Houses, and in going to and returning from the same; 
and for any speech or debate in either House they shall not be 
questioned in any other place. 


This paragraph allows members to perform duties 
without interference and removes every restriction 
on debate except their own rules of order. 


Other 

Offices 

Pro¬ 

hibited. 


No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United Stages which shall have been created, or the emolu¬ 
ments whereof shall have been increased during such time; and 
no person holding any office under the United States shall be a 
member of either House during his continuance in office. 


This paragraph prevents members from increasing 
their own salaries and establishing offices for per¬ 
sonal gain during their term. No person can hold 
a federal office and be a member of either House at 
the same time. 


Revenue Section VII. All bills for raising revenue shall originate in the 
Bills. House of Representatives, but the Senate may propose or concur 

with amendments, as on other bills. 


The plan is designed to permit the body nearest 
the people to control expenditure of money raised 
by taxation but practically without effect since the 
Senate can amend a revenue bill by substituting a 
new measure as an enacting clause. 


THE CONSTITUTION AND AMENDMENTS 195 

Every bill which shall have passed the House of Representa¬ 
tives and the Senate shall, before it become a law, be presented 
to the President of the United States; if he approve, he shall 
sign it, but if not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider it. 
If after such reconsideration two-thirds of that House shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered; and if 
approved by two-thirds of that House it shall become a law. 
But in all such cases the votes of both Houses shall be determined 
by yeas and nays and the names of the persons voting for and 
against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its 
return; in which case it shall not be a law. 

If Congress adjourns during the ten days that a 
President is entitled to hold a bill for investigation, 
he has absolute veto power. He simply withholds 
his signature to nullify the bill. This is called a 
“pocket veto.” President Cleveland vetoed 301 bills 
during his first administration. A President cannot 
veto single items. Many times undesirable pro¬ 
visions called “riders” are attached to bills and be¬ 
come laws. Nine bills have been signed after ad¬ 
journment since 1789. Eight of these were signed 
in this way in 1920. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect shall 
be approved by him, or, being disapproved by him, shall be 
repassed by two-thirds of the Senate and the House of Represen- 


How 

Bills 

Become 

Laws. 


Presi¬ 

dent’s 

Power 

Over 

Legis¬ 

lation. 


196 


THE MARCH OF DEMOCRACY 


Powers 
Vested 
in Con¬ 
gress. 


Finan¬ 

cial. 


tives, according to the rules and limitations prescribed in the case 
of a bill. 

The veto gives the President more power over 
Congress, thereby giving him a better opportunity 
to state his objections and control his program of 
legislation. “Veto” is a Latin word, meaning I 
forbid. 

Section VIII. The Congress shall have power: 

To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defence and general welfare 
of the United States; but all duties, imposts, and excises shall be 
uniform throughout the United States. 

The Sixteenth Amendment should be added to 
this to make it cover Income Taxes. Congress is 
curtailed by Section 9 (5) from levying taxes on 
exports; by Section 9 (6) from discriminating in 
taxes at different ports of entry. Duties are cus¬ 
toms taxes. 

Excises are taxes on domestic production, sale, or 
use of articles, such as tobacco. 

Imposts are customs taxes combining the idea of 
both duties and excises in one word. 

To borrow money on the credit of the United States. 

This was the basis of Hamilton’s plan of refund¬ 
ing the national debt in 1790. It gives Congress 
power to use the credit of the United States to issue 
paper money, charter national banks, establish a 
Federal Reserve System, and issue Treasury notes 
and bonds such as the Liberty or Victory Loans. 


THE CONSTITUTION AND AMENDMENTS 197 

To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

Congress has the power to control interstate com¬ 
merce and communication; in fact every species of 
such commercial intercourse. States are forbidden 
to levy any import dr export duties against other 
states. Various acts, such as the Sherman Act to 
control industry and the Transportation Act cre¬ 
ating a Railroad Labor Board connected with Inter¬ 
state commerce, have been passed under this clause. 
It is called the “commerce clause.” 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States. 

See Naturalization, page 172. 

Under the Articles of Confederation provisions 
for bankruptcy were omitted. Consequently state 
insolvency laws were passed with varied require¬ 
ments giving priority to local creditors. This clause 
took precedence over state laws, and an act of Con¬ 
gress made it operative. 

If creditors having claims of $500 or more against 
any person, company, corporation, or bank, file a 
petition in the United States Courts showing the ex¬ 
istence of debts amounting to $1000 or evidence of 
the assignment of property within four months 
showing preference for certain creditors or evidence 
that a preferred creditor obtained preference by legal 
proceedings, the court as a result of the request may 
declare involuntary bankruptcy. 


Com¬ 

merce. 


Naturali¬ 
zation and 
Bank¬ 
ruptcy. 


198 


THE MARCH OF DEMOCRACY 


Coins, 

Weights 

and 

Meas¬ 

ures. 


Counter¬ 

feiting. 


On the other hand if any person, except a corpo¬ 
ration, makes voluntary assignment of his property 
in a United States District Court for the benefit of 
his creditors, and of his own accord admits in writ¬ 
ing that his debts exceed his property, he is adjudged 
a voluntary bankrupt. However, a person cannot 
take advantage of the voluntary bankruptcy law 
more than once in six years. 

It is apparent that the law operates to the ad¬ 
vantage of both creditors and debtors. If no fraud 
appears in the hearing, a bankrupt is released to go 
in business again free from further legal obligations 
to pay the debts involved except those owed to the 
municipality, credits secured through fraudulent pre¬ 
tense, alimony, and a few other exceptions. 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures. 

Congress controls the coining of all money and 
the printing of paper money. Paper money is really 
an order on the Treasury for its face value in gold 
or silver deposited there. Standard weights and 
measures are kept at Washington, but duplicates are 
kept at state capitols. Uniform standards safeguard 
the public from fraud in buying and selling. 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

Making coins, paper money, or stamps in imita¬ 
tion of those of the United States is called “counter¬ 
feiting.” Regardless of the conditions under which 


THE CONSTITUTION AND AMENDMENTS 199 

such imitations are made, the violator is subject to 
severe punishment by the federal courts. 

To establish post-offices and post-roads. 

The service granted by this clause benefits every 
citizen. Rural Free Delivery, Air Mail Service, and 
the Federal Highway Act show that our government 
is not slow to utilize every facility to give its citi¬ 
zens service. It can use injunction and other legal 
means to prevent interference with transportation of 
the mails. It also has the power to punish for mis¬ 
use of the mails. 

To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive rights to 
their respective writings and discoveries. 

This clause protects authors and inventors not 
only here, but by international agreement extends 
to other countries as well. A copyright lasts twenty- 
eight years and can be renewed for twenty-eight 
more. Books, films, maps, cartoons, etc., are pro¬ 
tected by copyrights. Holders of patents have the 
exclusive right of manufacture for seventeen years 
but cannot control sales or prices. 

To constitute tribunals inferior to the Supreme Court. 

See Inferior Courts, page 153. 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations. 

Congress is given power to define and punish 
crimes committed by its citizens at sea and in viola- 


Post- 

Offices. 


Inven¬ 

tions, 

Copy¬ 

rights, 

and 

Trade 

Marks. 


Courts. 


Piracies. 


200 


THE MARCH OF DEMOCRACY 


War. 


Army. 


tion of International Law. Requiring protection 
for our citizens creates responsibility for their acts 
against other nations. 

Piracy is robbery committed on the high seas; 
felony is a crime punishable either by death or by 
imprisonment in the State prison. 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

Under this clause Congress declared war in 1812, 
1846, 1898, and 1917. It is now generally recognized 
that the President can take action leading to a 
state of war, but Congress has the final decision. 

Letters of marque are commissions to owners of 
private ships to make war on ships of the enemy. 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years. 

In times of peace the standing army is necessarily 
small in a democracy. The two years’ clause per¬ 
mits the people to control the expenditure and de¬ 
termine the size of the standing army. 

Volunteer armies have been sufficient except in 
Draft Army law of 1863 and the selective service 
draft of 1917. 

During the World War this clause was used as a 
basis when our nation took over the management 
of railroads, the control of food and fuel, the out¬ 
put of factories, the classifying of essential and non- 
essential industries, and the establishing of war 
prohibition. 


THE CONSTITUTION AND AMENDMENTS 201 

To provide and maintain a navy. 

The limit of navy growth is now controlled by 
the 5-5-3 1 agreement. In the last few years the 
Naval Air Service has made an enviable record. 

To make rules for the government and regulation of the land 
and naval forces. 

The National Defense Act of 1916 practically 
makes a national guard of the state militia. The 
organization is now so planned that the ranks can 
be filled by conscription and the militia reorganized 
as was done in 1917. The new organization scheme 
built around experienced men will facilitate the 
training of an army. 

In accordance with the provisions of the National 
Defense Act amended in 1924 the government desig¬ 
nated September 13, the birthday of General 
Pershing, as National Defense Day. On this day a 

1 The Washington, D.C., Conference was called in 1921 at the 
suggestion of the United States to limit the naval armament of 
the leading nations of the world. Secretary of State Hughes in 
addressing the Conference suggested that the United States and 
Great Britain each be limited to battleships aggregating 500,000 
tons and Japan to 300,000 tons or a 5-5-3 ratio. As a result of 
the controversy a covenant was drawn whereby Naval Armament 
was limited to the ultimate battle fleets of the five signatory 
powers as follows: 

United States and Great Britain 525,000 tons each, Japan 
315,000 tons, and France and Italy 175,000 tons each. An agree¬ 
ment was also made on the scrapping of certain ships of each 
nation on the basis of this ratio. No battleship may exceed 
35,000 tons nor carry guns of a caliber exceeding sixteen inches. 
No limitation was placed on submarines or auxiliary craft. This 
agreement was thought to be a step toward world peace. 


Navy. 


Regula¬ 
tions of 
Army and 
Navy. 


202 


THE MARCH OF DEMOCRACY 


CalUng 

Militia. 


Training 

Militia. 


Seat of 
Govern¬ 
ment. 


mobilization of the entire military strength and re¬ 
sources of the United States was requested by the 
War Department. 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions. 

Militiamen may not be called to duty by the 
President more than nine months out of any twelve. 
The militia was first called in the Civil War and 
has been called in every war since. 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress. 

The militia of a state is made up of men between 
the ages of eighteen and forty-five. In most states 
they receive compensation for drill services and 
spend some time in a training camp each year. The 
state appoints the officers, but when serving under 
the United States, Congress has charge of its organ¬ 
ization. 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States and the acceptance of Congress, become the 
seat of Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dry-docks, and other needful buildings. 


The District of Columbia was located in 1791, 
and Washington, D.C., situated therein became 


THE CONSTITUTION AND AMENDMENTS 203 

the capital in 1800. Congress makes the laws and 
has complete control over the district. The resi¬ 
dents have no vote and elect no representative to 
Congress nor other city or district officers. Indian 
reservations, arsenals, federal parks, etc., fall within 
the meaning of this clause, and crimes committed 
in such places are punished in federal courts. 

To make all laws which shall be necessary and proper for Elastic 
carrying into execution the foregoing powers, and all other powers Clause, 
vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 

Anticipating the changing conditions due to in¬ 
ventions, progress, and improved conditions of liv¬ 
ing, this clause has saved many changes in the 
Constitution. It gives Congress a large measure of 
control over other departments of government. 
Congress under this clause is limited to supplement¬ 
ing the enumerated powers given under the Consti¬ 
tution. 

Section IX. (1.) [The migration or importation of such persons Limita- 
as any of the States now existing shall think proper to admit, shall tions on 
not be prohibited by the Congress prior to the year one thousand Congress. 
eight hundred and eight, but a tax or duty may be imposed on 
such importation, not exceeding ten dollars for each person 

Refers to slave trade (now obsolete). 

The privilege of the writ of habeas corpus shall not be sus- Habeas 
pended, unless when in cases of rebellion or invasion the public Corpus, 
safety may require it. 

A writ of Habeas Corpus permits a speedy trial 


204 


THE MARCH OF DEMOCRACY 


Attainder. 


Direct 

Taxes. 


Regula¬ 
tions Re¬ 
garding 
Customs 
Duties. 


and is suspended during war in order to better pro¬ 
tect our interests. 

No bill of attainder or ex post facto law shall be passed. 

A “bill of attainder” is a legislative act usually 
resulting without trial in pronouncing a death pen¬ 
alty against an accused person or group of persons, 
and depriving of all civil rights and power to inherit 
or transmit property. This was a precaution against 
the revival of abuses formerly common in England. 

This ex post facto clause provides against the 
enactment of a law making a certain act a crime 
after it has been committed; also against increasing 
the penalty for such an act. 

No capitation or other direct tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be 
taken. 

This clause gives the power to levy income taxes. 
Two income tax acts based on this clause have been 
declared unconstitutional, because it was not prac¬ 
ticable to levy an income tax according to popula¬ 
tion. This paragraph refers to “poll tax” or “head 
tax” which has never been levied by the United 
States. Amendment XVI makes it possible to 
levy an income tax “without regard to census or 
enumeration.” 

No tax or duty shall be laid on articles exported from any State. 

Exports are goods sent out of the state for com¬ 
mercial purposes. The principle of not taxing ex¬ 
ports was adopted to encourage trade abroad. 


THE CONSTITUTION AND AMENDMENTS 205 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another, nor shall 
vessels bound to or from one State be obliged to enter, clear, or 
pay duties in another. 

This section gives each state an equal chance and 
strengthens the idea of “united states.” 

No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and ac¬ 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

It is the express duty of the comptroller of the 
Treasury to see that this paragraph is enforced. 
The budget system has systematized government 
expenditures and resulted in saving many millions 
of dollars. 

No title of nobility shall be granted by the United States. And 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Their prejudice against autocracy led our fore¬ 
fathers to take this precaution to insure de¬ 
mocracy. 

Section X. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of the Congress, lay any 
impost or duties on imports or exports, except what may be> 
absolutely necessary for executing its inspection laws; and the 


Inter¬ 

state 

Com¬ 

merce. 


Appro¬ 

priations. 


Titles of 
Nobility 
Pro¬ 
hibited. 


Limita¬ 
tions on 
States. 


206 


THE MARCH OF DEMOCRACY 


Exec¬ 

utive 

Depart¬ 

ment 


Electors. 


net produce of all duties and imposts, laid by any State on im¬ 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the revision 
and control of the Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

This section is intended to state definitely what 
states cannot do, and doubly emphasizes the powers 
given and denied Congress, particularly in regard 
to foreign relations, war, currency, and national 
commerce. Also see page 132. 


ARTICLE II 


Section I. The Executive power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice President, 
chosen for the same term, be elected as follows: 

A President is elected every four years and in¬ 
augurated the following March 4. There is a gen¬ 
eral feeling that this date should be changed. The 
number of terms a President may serve is not men¬ 
tioned in the Constitution. The common feeling 
that a tenure of two terms is long enough grew 
from a statement by President Washington, when 
he refused to consider a third term. 


Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 


THE CONSTITUTION AND AMENDMENTS 207 

be entitled in the Congress; but no Senator or Representative or 
person holding an office of trust or profit under the United States 
shall be appointed an elector. 

The “Electoral College” was originally planned to 
give each elector a free choice for President, but 
now all vote as they are pledged when nominated 
at their party conventions. The vote is taken by 
states. It is possible that a President may be se¬ 
lected even though he does not get the majority of 
the total popular votes cast. Several Presidents 
have been elected in this manner. See page 141. 


[The electors shall meet in their respective States and vote by 
ballot for two persons, of whom one at least shall not be an in¬ 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each, which list they shall sign and certify, and transmit , sealed, 
to the seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per¬ 
son having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors ap¬ 
pointed, and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represen¬ 
tatives shall immediately choose by ballot one of them for Presi¬ 
dent; and if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose the Presi¬ 
dent. But in choosing the President, the vote shall be taken by 
States, the representation from each State having one vote. A 
quorum, for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of the 
electors shall be the Vice President. But if there should remain 
two or more who have equal votes, the Senate shall choose from 
them by ballot the Vice President .] 


Proceed¬ 
ings of 
Electors. 
—Proceed¬ 
ings of the 
House 
of Repre¬ 
sentatives. 


Time of 

Choosing 

Electors. 


Qualifi¬ 
cations 
of the 
President. 


Presi¬ 

dential 

Suc¬ 

cession. 


208 the march of democracy 

Superseded by Amendment XII. 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Electors are chosen on Tuesday following the first 
Monday of November every fourth year. Electors 
usually meet at each state capitol and cast their 
votes on the second Monday of the following Jan¬ 
uary, and Congress meets at one p.m. of the second 
Wednesday in February, to receive the vote. 

No person except a natural-born citizen, [or a citizen of the 
United States at the time of the adoption of this Constitution ], 
shall be eligible to the office of President; neither shall any per¬ 
son be eligible to that office who shall not have attained to the 
age of thirty-five years and been fourteen years a resident within 
the United States. 

There is nothing in the Constitution to prevent a 
woman, or a negro, or a person of any religious be¬ 
lief from becoming a President if he has the neces¬ 
sary qualifications and gets the necessary votes. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice President and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed or a Presi¬ 
dent shall be elected. 

In six cases under the Constitution a Vice Presi¬ 
dent has become President, at the death of Presi¬ 
dents Harrison, Taylor, Lincoln, Garfield, McKinley, 


THE CONSTITUTION AND AMENDMENTS 209 


and Harding. What constitutes disability has never 
been fully decided. Also see page 147. 

The President shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

The President’s salary is $75,000 a year, with 
$25,000 for travel, and $117,000 for White House 
upkeep and clerk hire. He pays income tax as other 
citizens. If the President’s salary is increased, the 
incumbent cannot benefit by the increase. 

Before he enter on the execution of his office he shall take the 
following oath ©r affirmation: 

“I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best 
of my ability, preserve, protect, and defend the Constitution of 
the United States.” 

The above oath is administered by the Chief Jus¬ 
tice of the Supreme Court at high noon on March 4 
following the election. Woodrow Wilson took the 
oath on Sunday, March 4, 1917. The word “affirm” 
is inserted because people of certain religious be¬ 
liefs will not take an oath. 

Section II. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States except in cases of impeachment. 


Compen¬ 

sation. 


Oath 

of 

Office. 


Powers 

of 

President. 


210 


THE MARCH OF DEMOCRACY 


Treaties. 


In war time authority must be centralized. The 
President also commissions all army officers and 
directs the war in a general way. A reprieve sus¬ 
pends a sentence; a pardon remits a penalty. The 
term “heads of departments” refers to the ten de¬ 
partment heads or cabinet members selected by the 
President to counsel with him. See page 143. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and 
all other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

“A treaty is the supreme law of the land,” and 
the conditions are such that a President can domi¬ 
nate. Washington tried unsuccessfully to counsel 
with the Senate; consequently the Senate later cre¬ 
ated a Committee on Foreign Relations as a medium 
to keep the President informed. Once a treaty is 
made it requires both branches of Congress to abro¬ 
gate it. The President appoints a few personal 
agents outside of those he nominates and commis¬ 
sions. President Harding appointed two Senators 
as delegates to the Washington Conference in which 
nine nations drafted treaties for the reduction of 
armaments and others respecting the promotion of 
peace. 


THE CONSTITUTION AND AMENDMENTS 211 


The President shall have power to fill up all vacancies that Vacancies, 
may happen during the recess of the Senate by granting com¬ 
missions, which shall expire at the end of their next session. 

When a vacancy occurs while Congress is not in 
session, the President names an appointee tempo¬ 
rarily. If the Senate at its next session does not 
approve the appointment, it must terminate. 

Section III. He shall from time to time give to the Congress 
information of the State of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
Houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive am¬ 
bassadors and other public ministers; he shall take care that the 
laws be faithfully executed, and shall commission all the officers 
of the United States. 


Calling, 
Adjourn¬ 
ing, and 
Advising 
Congress. 


President Wilson revived the Washington-Adams 
idea of appearing in person and reading his message 
before Congress. President Coolidge delivered the 
first message that was broadcast by radio. Frequent 
extra sessions have been called, but Congress has 
never been adjourned by the President. 


Section IV. The President, Vice President, and all civil officers Removal 
of the United States shall be removed from office on impeachment 0 f civil 
for, and conviction of, treason, bribery, or other high crimes and officers, 
misdemeanors. 

This section makes special provision for the trial 
and removal of any of the civil officers of the United 
States. 


212 


THE MARCH OF DEMOCRACY 


Judicial 

Depart¬ 

ment. 


To 

What 
Cases it 
Extends. 


Juris¬ 
diction 
of the 
Supreme 
Court. 


ARTICLE III 

Section I. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 

See page 151. 

Section II. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min¬ 
isters, and consuls; to all cases of admiralty and maritime juris¬ 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State, claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

The states must submit to the decisions of the 
United States courts in all cases where the Constitu¬ 
tion, federal laws, or treaties are involved. “Cases of 
admiralty and maritime jurisdiction” not only apply 
to the high seas “but navigable waters of the United 
States” as well. The word “citizens” in this section 
includes corporations, since a corporation is re¬ 
garded as a citizen of the state which charters it. 

In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before-mentioned the Supreme Court shall have appellate juris¬ 
diction, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 


THE CONSTITUTION AND AMENDMENTS 213 


Note that Amendment VII further restricts the 
Supreme Court. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury, and such trial shall be held in the State where the 
said crimes shall have been committed; but when not committed 
within any State the trial shall be at such place or places as the 
Congress may by law have directed. 

Compare with Amendment VI. 

Section III. Treason against the United States shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

This is the only crime defined in the Constitution. 
In the trial of Aaron Burr the evidence was “irrele¬ 
vant until there be proof of the overt act by two 
witnesses.” Hence he was permitted to escape 
punishment. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

Clause one grants the power to punish treason, 
but clause two protects the innocent children of 
the guilty against the once common practice of visit¬ 
ing on the children the penalties of those found 
guilty. The word “attainder” in this case means 
conviction. 


Rules 

Respect¬ 

ing 

Trials. 


Treason 

Defined. 


How 

Punished 


214 


THE MARCH OF DEMOCRACY 


Rights 

of 

States. 


Rights 

of 

Citizens. 


ARTICLE IV 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 



Seal of the United States 

This section means that if a document is recorded, 
a marriage legally performed, a divorce legally 
granted, or a case is decided in one state, it should 
generally speaking be recognized in all. 

Section II. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 





THE CONSTITUTION AND AMENDMENTS 215 

Protects rights of citizens of each state in all 
states. 

A person charged in any State with treason, felony, or other Extra¬ 
crime, who shall flee from justice, and be found in another State, dition. 
shall, on demand of the Executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

This section provides for the return of accused 
persons who try to evade the law by fleeing to 
another state. This is called “extradition,” and the 
power of delivery is in the hands of the Governor 
in the state where the criminal seeks refuge. 

[No person held to service or labor in one State, under the Fugitive 
laws thereof, escaping into another, shall, in consequence of any Slaves. 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due.~\ 

Now obsolete. See Amendment XIII. 

Section III. New States may be admitted by the Congress New 
into this Union, but no new State shall be formed or erected states, 
within the jurisdiction of any other State, nor any State be 
formed by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States concerned, 
as well as of the Congress. 

New states are admitted on a basis of equality 
with the consent of both the Federal Government 
and the citizens of an organized territory. States 
are guaranteed protection from without and assist¬ 
ance if necessary to settle troubles within. 


216 


THE MARCH OF DEMOCRACY 


Power 

of 

Congress 

Over 

Public 

Lands. 


Repub¬ 

lican 

Govern¬ 

ment 

Guaran¬ 

teed. 


Amend¬ 
ment 
of the 
Consti¬ 
tution. 


The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Congress has power to acquire territory, set up 
territorial governments, and lease lands or mines. 
Whether that power comes from this paragraph or 
is acquired in its capacity as a sovereign is not 
fully determined. 

Section IV. The United States shall guarantee to every State 
in this Union a republican form of government and shall protect 
each of them against invasion; and, on application of the Legis¬ 
lature, or of the Executive (when the Legislature cannot be con¬ 
vened), against domestic violence. 

By a declaration made by President Tyler con¬ 
cerning rebellion in Rhode Island in 1842, it was 
established that Congress could overthrow a sepa¬ 
rate republican government established within a 
state. Under the last clause the President is author¬ 
ized to employ military forces of the United States 
or militia of the states to discharge the duties of 
the United States. During the railway strike in 
1894, President Cleveland sent troops to Chicago 
against the protest of the Governor of Illinois. 

article v 

The Congress, whenever two-thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the Legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part 
of this Constitution, when ratified by the Legislatures of three- 



The Machine Which Stamps the Great Seal of the United States 


















218 


THE MARCH OF DEMOCRACY 


Validity 

of 

Debts. 


Supreme 
Law 
of the 
Land. 


fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro¬ 
posed by the Congress; provided [that no amendment which 
may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the 
Ninth Section of the First Article; and] that no State, without 
its consent, shall be deprived of its equal suffrage in the Senate. 

Of the two methods only the first has ever been 
used; i.e., proposed by Congress and referred to the 
state legislatures. Neither the President nor the 
courts have any voice in the matter; in fact the 
fourteenth and fifteenth amendments were passed 
by Congress and submitted to the states without 
the President’s official knowledge and approval. 
The first exception expired in 1808. The second 
is the only part of the Constitution that cannot be 
amended without unanimous consent. 

ARTICLE VI 

[All debts contracted and engagements entered into before the 
adoption of this Constitution shall be as valid against the United 
States under this Constitution as under the Confederation.'] 

Under Hamilton’s plan of refunding the debt our 
government took the honorable course of carrying 
out the promises made and obligations assumed 
under the Articles of Confederation. 

This Constitution and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land, and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 


THE CONSTITUTION AND AMENDMENTS 219 


This clause asserts that the authority of the Fed¬ 
eral Government is supreme over the states, and 
that state laws in conflict with National laws must 
give way. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States, and of the several 
States, shall be bound by oath or affirmation to support this Con¬ 
stitution; but no religious test shall ever be required as a quali¬ 
fication to any office or public trust under the United States. 

State officers are often required to discharge 
duties authorized by the national Constitution, and 
taking the oath also emphasizes their obligation to 
the national government. 

The “religious test” means that a person elected 
to office shall not be required to repudiate a recog¬ 
nized religion. The word “affirmation” was inserted 
for the special benefit of the Quakers. 

ARTICLE VII 

The Ratification of the Conventions of nine 
states , 1 shall be sufficient for the Establishment of 
this Constitution between the states so ratifying 
the same. 

1 Note that unlike the Articles of Confederation it required 
only nine states to ratify. 


Oath to 
Consti¬ 
tution. 


Ratifica¬ 
tion of the 
Constitu¬ 
tion. 


THE MARCH OF DEMOCRACY 


220 



Signatures of Members of the Convention. 








THE CONSTITUTION AND AMENDMENTS 221 


ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
CONSTITUTION OF THE UNITED STATES OF AMER¬ 
ICA, PROPOSED BY CONGRESS, AND RATIFIED BY 
THE LEGISLATURE OF THE SEVERAL STATES, PUR¬ 
SUANT TO THE FIFTH ARTICLE OF THE ORIGINAL 
CONSTITUTION. 

The first ten amendments were proposed by Con¬ 
gress at their first session, in 1789, and ratified by 
the states in 1791. This constitutes the “Bill of 
Rights” of the National Constitution. 

AMENDMENT I 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people 
peaceably to assemble, and to petition the Government for a 
redress of grievances. 

Freedom of belief and speech are a natural out¬ 
growth of the period of settlement. An established 
religion is one supported wholly or in part by public 
taxation. By refusing use of the mails the govern¬ 
ment can further control propaganda and all types 
of publications detrimental to public interests. 

AMENDMENT II 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

People can bear arms openly but not concealed 
unless authorized. 


Personal 

Freedom. 


Right 
to Bear 
Arms. 







President and Mrs. Coolidge Witness the Enshrining of the Con 

STITUTION AND THE DECLARATION OF INDEPENDENCE 























THE CONSTITUTION AND AMENDMENTS 223 


AMENDMENT III 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war but in a 
manner to be prescribed by law. 

One of the causes of the Revolutionary War. 

AMENDMENT IV 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob¬ 
able cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

“A man’s home is his castle.” 

Without a warrant property cannot be searched 
nor may papers secured without a warrant be used 
in evidence against a person. 

AMENDMENT V 

No person shall be held to answer for a capital or other in¬ 
famous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just com¬ 
pensation. 

The Grand Jury is a legally chosen group to 
secretly investigate the crime and decide whether 


Quarter¬ 
ing of 
Soldiers. 


Right 

of 

Search. 


Protec¬ 
tion of 
Accused. 


224 


THE MARCH OF DEMOCRACY 


Rights 

of 

Accused 


Jury 
Trial in 
Lawsuits. 


there is sufficient evidence for a public trial before 
a petit jury. A person cannot be tried twice for 
the same crime nor be compelled to testify against 
himself. According to judicial practice a wife can¬ 
not be compelled to testify against her husband. 
The usual method of taking private property with 
just compensation for public use is termed “eminent 
domain.” 


AMENDMENT VI 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

As stated this section reviews a criminal’s rights. 


AMENDMENT VII 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re¬ 
examined in any court of the United States than according to the 
rules of the common law. 

This section restricts the power of the court in 
reviewing questions of fact upon appeal from cases 
tried by a jury. The Judge can order a new trial 
or review the law on a writ of error, but cannot sub¬ 
stitute his opinion for the facts in the case. 


THE CONSTITUTION AND AMENDMENTS 225 


AMENDMENT VIII 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

One of the theories of our government is that a 
person is innocent until he is proved guilty. Giving 
“bail” is a guarantee that the person will appear 
for trial as a Judge instructs, and releases the ac¬ 
cused from jail until the trial or hearing. If the 
charge is a serious one, bail may be refused. Cruel 
punishments are prohibited. 

AMENDMENT IX 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

It is obvious that the intelligence of the people 
could be trusted to retain the fundamental unwrit¬ 
ten rights we enjoy without enumerating them. 

AMENDMENT X 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

This Amendment was designed to make state and 
local rights even more secure. 

AMENDMENT XI 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States, by citizens of another State, or 
by citizens or subjects of any foreign State. 


Bail 

and 

Punish¬ 

ment. 


Rights 

Enume¬ 

rated. 


Powers 

not 

Delegated. 


State 
Exemp¬ 
tion from 
Suit. 


226 


THE MARCH OF DEMOCRACY 


New 

Method 

of 

Electing 
President 
and Vice 
President. 


This amendment limits the powers of the Federal 
Courts by preventing the government from being 
a party in lawsuits not only “by citizens of another 
state” but even by a citizen in his own state. 

In 1793, Chisholm, a citizen of South Carolina, 
sued in the Supreme Court to recover a debt from 
the state of Georgia. Georgia refused to appear and 
the case went against her. Several similar suits 
were pending and the people generally disliked the 
idea of states being involved in the courts. Congress 
by almost unanimous vote submitted the above 
Amendment which was ratified in 1798. 

Most states have therefore established a Court of 
Claims in which a claim against the state can be 
presented. When the claim is declared valid, it is 
customary for the state to make the necessary 
appropriation. If the state refuses to pay, it cannot 
be forced to do so. 

AMENDMENT XII 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom at least 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice President; and 
they shall make distinct lists of all persons voted for as Presi¬ 
dent, and of all persons voted for as Vice President, and of the 
number of votes for each, which lists they shall sign and certify, 
and transmit, sealed, to the seat of the Government of the United 
States directed to the President of the Senate; the President of 
the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then 
be counted; the person having the greatest number of votes for 


THE CONSTITUTION AND AMENDMENTS 227 


President shall be the President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of Rep¬ 
resentatives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of March 
next following, then the Vice President shall act as President, as 
in the case of the death or other constitutional disability of the 
President. The person having the greatest number of votes as 
Vice President shall be the Vice President, if such number be a 
majority of the whole number of electors appointed, and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice President; a quorum for 
the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice President of 
the United States. 

This article, declared in force December 25, 1804, 
supersedes part of Article II, Section 1, Clause 3. 
Before the adoption of this amendment the electors 
voted for two candidates for President. The candi¬ 
date receiving the most votes was made President 
and the one receiving the next highest number was 
made Vice President. Under this plan there could 
be a Republican President and a Democratic Vice 
President, The contest in 1800 between Jefferson 
and Burr when the members of the Electoral Col¬ 
lege voted by parties for the first time and the elec¬ 
tion was thrown into the House, resulted in the 


228 


THE MARCH OF DEMOCRACY 


adoption of this amendment. President Adams was 
elected by the House in 1825 and Vice President 
Johnson by the Senate in 1837. In 1876 a dispute 
arose and the controversy was referred to an Elec¬ 
toral Commission. The disputed votes were not 
counted until two days after March 4, 1877, when 
the new President was to be inaugurated. Also see 
pages 140-142. 


Abolition 

of 

Slavery. 


Enforce¬ 

ment 

Clause. 


Citizens 

and 

Their 

Rights. 


Apportion^ 
ment of 
Represen¬ 
tatives. 


AMENDMENT XIII 

Neither slavery nor involuntary servitude, except as a punish¬ 
ment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

Congress shall have power to enforce this article by appropriate 
legislation. 

Adopted in 1865. Designed to give the negro 
freedom and thereby abolishing slavery. 

AMENDMENT XIV 

I. All persons bom or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or 
enforce any law which shall abridge the privileges or immunities 
of citizens of the United States, nor shall any State deprive any 
person of life, liberty, or property without due process of law, 
nor deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

II. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of elec¬ 
tors for President and Vice President of the United States, Repre- 


THE CONSTITUTION AND AMENDMENTS 229 

sentatives in Congress, the executive and judicial officers of a 
State, or the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being of twenty-one years 
of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

III. No person shall be a Senator or Representative in Con¬ 
gress, or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given 
aid and comfort to the enemies thereof. But Congress may, by 
a vote of two-thirds of each House, remove such disability. 

IV. The validity of the public debt of the United States, au¬ 
thorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, [or any 
claim for the loss or emancipation of any slave ]; but all such 
debts, obligations, and claims shall be held illegal and void. 

V. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Section I made the negro a citizen but applies to 
persons of foreign birth also. Sections II, III, and 
IV are for the most part historical. The qualifica¬ 
tions of voters have been left largely to the states. 
Some states compel certain educational require¬ 
ments for voters, but the power given Congress 
especially under Section II has never been exercised. 


Loss of 

Political 

Privilege. 


Public 

Debt. 


Enforce¬ 

ment 

Clause. 


230 


THE MARCH OF DEMOCRACY 


Negro 

Suffrage. 

Enforce¬ 

ment 

Clause. 


Income 

Tax. 


AMENDMENT XV 

The right of the citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

The Congress shall have power to enforce the provisions of 
this article by appropriate legislation. 

This is the last of the group of amendments giving 
the negro equal rights. He was freed by the thir¬ 
teenth (1865), made a citizen by the fourteenth 
(1868), and in the fifteenth (1869) given the right 
to vote. Some states require literacy tests, or tests 
other than “race, color, or previous condition of 
servitude” as a qualification for voting. 

AMENDMENT XVI 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States and without regard to any census or 
enumeration. 

It is generally conceded that taxing incomes is 
the only way to reach real property values. In 
1895 the Supreme Court declared an Income Tax 
Law unconstitutional in accordance with Article I, 
Section 9 (4), because it was apportioned according 
to wealth rather than census. For that reason the 
last clause is specific. More recently the Supreme 
Court has ruled that an income tax is a tax on the. 
use of property and therefore a type of excise tax. 
Income taxes must be uniform; i.e., the same on in¬ 
comes of the same size, but this does not prohibit 
higher rates on larger incomes. 


THE CONSTITUTION AND AMENDMENTS 231 


AMENDMENT XVII 

The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof, for six 
years; and each Senator shall have one vote. The electors in 
each State shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislatures. 

When vacancies happen in the representation of any State in 
the Senate, the executive authority of such State shall issue 
writs of election to fill such vacancies, provided that the Legisla¬ 
ture of any State may empower the Executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the Legislature may direct. 

[This amendment shall not be construed as to affect the 
election or term of any senator chosen before it becomes valid 
as part of the Constitution .] 

This Amendment supersedes Article I, Section 3 
(1), covering the election of Senators by direct vote 
of the people. This was thought necessary in order 
to avoid the possibilities of fraud that might attend 
selection through state legislatures and to hold Sen¬ 
ators directly responsible to the people. 

AMENDMENT XVIII 

[After one year from the ratification of this article ], the manu¬ 
facture, sale, or transportation of intoxicating liquors within, 
the importation thereof into, or the exportation thereof from the 
United States and all territory subject to the jurisdiction thereof 
for beverage purposes is hereby prohibited. 

The Congress and the several States shall have concurrent 
power to enforce this article by appropriate legislation. 


Popular 
Elec¬ 
tion of 
Senators. 


Filling 

Vacancies. 


Effect on 
Incum¬ 
bents. 


Prohibi¬ 

tion. 


Enforce¬ 

ment. 


232 


THE MARCH OF DEMOCRACY 


Ratifica¬ 

tion 

Limi¬ 

tation. 


Woman 

Suffrage. 

Enforce¬ 

ment 

Clause. 


[This article shall be inoperative unless it shall have been rati¬ 
fied as an amendment to the Constitution by the Legislatures of 
the •several States, as provided in the Constitution, within seven 
years from the date of the submission hereof to the States by the 
Congress .] 

Although the time limit was set as one year, the 
Food Production Act passed by Congress as a war 
measure forbade the manufacture and sale of in¬ 
toxicating liquors after July 1, 1919, so it became a 
law fully six months before the one year had elapsed. 
By a strict enforcement act ruled as constitutional 
one half of one per cent alcoholic content in any 
beverage classifies it as intoxicating. No doubt the 
enforcement of this amendment has injected a new 
note in the Constitution. Undoubtedly concurrent 
power as here used refers to joining forces of State 
and Federal Government in the enforcement, but 
just how far this can be carried out remains for the 
Supreme Court to decide. • 

AMENDMENT XIX 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States, or by any State, on 
account of sex. 

Congress shall have power, by appropriate legislation, to en¬ 
force the provisions of this article. 

This amendment is popularly known as the 
“Woman Suffrage Amendment.” Only the question 
of sex is involved in it. This does not remove from 
the states the power to determine the qualifications 
of its voters, but forbids the states to make any 
distinction on account of sex. 


CHAPTER THIRTEEN 


FULL HONORS TO OUR FLAG 

Realizing the need for an authentic code of flag 
etiquette, representatives of sixty-eight patriotic 
organizations met in Washington, D.C., at the re¬ 
quest of the American Legion. The code drafted 
by that conference is printed here through courtesy 
of the American Legion Weekly. While the rules 
adopted by the conference have no official govern¬ 
ment sanction, nevertheless they represent the 
authoritative opinion of the principal patriotic 
bodies of the United States and of Army and Navy 
experts, and are binding on all of the organizations 
which took part in the gathering. They are being 
followed now by 113 patriotic organizations. The 
rules as given below are from the final corrected 
draft of the code as brought out of the conference. 

The Flag of the United States of America has 
thirteen horizontal stripes—seven red and six white, 
the red and white stripes alternating—and a union 
which consists of white stars of five points on a blue 
field placed in the upper quarter next the staff and 
extending to the lower edge of the fourth red stripe 
from the top. The number of stars is the same as 
233 


Descrip¬ 
tion of 
the Flag. 


234 


THE MARCH OF DEMOCRACY 


Code 
of the 
Flag. 


the number of states in the Union. The canton or 
union now contains forty-eight stars arranged in 
six horizontal and eight vertical rows, each star with 
one point upward. On the admission of a state 
into the Union a star will be added to the union of 
the Flag, and such addition will take effect on the 
July fourth next succeeding such admission. 

The proportions of the Flag as prescribed by Ex¬ 
ecutive Order of President Taft, October 29, 1912, 
are as follows: 


Hoist (width) of flag. 1. 

Fly (length) of flag... 1.9 

Hoist (width) of union. 7/13 

Fly (length) of union. 0.76 

Width of each stripe. 1/13 

Diameter of each star.0616 


There are certain fundamental rules of heraldry 
which, if understood generally, would indicate the 
proper method of displaying the flag. The matter 
becomes a very simple one if it is kept in mind that 
the National Flag represents the living country and 
is itself considered as a living thing. The union 
of the flag is the honor point; the right arm is the 
sword arm, and therefore the point of danger and 
hence the place of honor. 

1. The Flag should be displayed only from sun¬ 
rise to sunset, or between such hours as may be 
designated by proper authority. It should be 
hoisted briskly but should be lowered slowly and 








OUR FLAG 


235 


ceremoniously. The Flag should be displayed on 
all national and state holidays and on historic and 
special occasions. 

2. When carried in a procession with another flag 
or flags, the Flag of the United States of America 
should be either on the marching right— i.e., the 
Flag’s own right—or, when there is a line of other 
flags, the Flag of the United States of America may 
be in front of the center of that line. 

3. When displayed with another flag against a 
wall from crossed staffs, the Flag of the United 
States of America should be on the right—the Flag’s 
own right—and its staff should be in front of the 
staff of the other flag. 

4. When a number of flags of states or cities or 
pennants of societies are grouped and displayed 
from staffs with the Flag of the United States of 
America, the latter should be at the center or at 
the highest point of the group. 

5. When flags of states or cities or pennants of 
societies are flown on the same halyard with the 
Flag of the United States of America, the latter 
should always be at the peak. When flown from 
adjacent staffs the Flag of the United States of 
America should be hoisted first and lowered last. 
No such flag or pennant, flown in the former po¬ 
sition, should be placed above, or, in the latter 
position, to the right of the Flag of the United 
States of America ; i.e., to the observer’s left. 

6. When flags of two or more nations are dis¬ 
played, they should be flown from separate staffs 


236 the march of democracy 

of the same height and the flags should be of ap¬ 
proximately equal size. International usage forbids 
the display of the flag of one nation above that of 
another nation in time of peace. 

7. When the Flag is displayed from a staff pro¬ 
jecting horizontally or at an angle from the window 
sill, balcony, or front of building, the union of the 
Flag should go clear to the peak of the staff unless 
the Flag is at half staff. When the Flag is sus¬ 
pended over a sidewalk from a rope, extending from 
a house to a pole at the edge of the sidewalk, the 
Flag should be hoisted out from the building toward 
the pole, union first. 

8. When the Flag is displayed in a manner other 
than by being flown from a staff it should be dis¬ 
played flat, whether indoors or out. When dis¬ 
played either horizontally or vertically against a 
wall, the union should be uppermost and to the 
Flag’s own right; i.e., to the observer’s left. When 
displayed in a window it should be displayed the 
same way—with the union or blue field to the left 
of the observer in the street. When festoons, ro¬ 
settes, or drapings are desired, bunting of blue, 
white, and red should be used, but never the Flag. 

9. When displayed over the middle of the street, 
the Flag should be suspended vertically with the 
union to the north in an east and west street, or 
to the east in a north and south street. 

10. When used on a speaker’s platform, the Flag, 
if displayed flat, should be displayed above and 
behind the speaker. If flown from a staff, it should 


OUR FLAG 


237 

be in the position of honor, at the speaker’s right. 
It should never be used to cover the speaker’s desk 
or to drape over the front of the platform. 

11. When used in connection with the unveiling 
of a statue or monument, the Flag should form a 
distinctive feature during the ceremony, but the 
Flag itself should never be used as the covering for 
the statue. 

12. When flown at half-staff, the Flag should be 
hoisted to the peak for an instant and then lowered 
to the half-staff position; but before lowering the 
Flag for the day it should be raised again to the 
peak. By half-staff is meant hauling down the flag 
to one half the distance between the top and the 
bottom of the staff. If local conditions require, 
divergence from this position is permissible. On 
Memorial Day, May 30, the Flag is displayed at 
half-staff from sunrise until noon and at full staff 
from noon until sunset, for the nation lives, and 
the Flag is the symbol of the living nation. 

13. Flags flown from fixed staffs are placed at 
half-staff to indicate mourning. When the Flag is 
displayed on a small staff, as when carried in a 
parade, mourning is indicated by attaching two 
streamers of black crepe to the spearhead, allowing 
the streamers to fall naturally. Crepe is used on 
the flagstaff only by order of the President. 

14. When used to cover a casket, the Flag should 
be placed so that the union is at the head and over 
the left shoulder. The Flag should not be lowered 


238 the march of democracy 

into the grave or allowed to touch the ground. The 
casket should be carried foot first. 

15. When the Flag is displayed in the body of the 
church it should be from a staff placed in the po¬ 
sition of honor—at the congregation’s right as they 
face the clergyman. The service flag, the state flag, 
or other flag should be at the left of the congrega¬ 
tion. If in the chancel or on the platform, the Flag 
of the United States of America should be placed at 
the clergyman’s right as he faces the congregation, 
and the other flags at his left. 

16. When the Flag is in such a condition that it 
is no longer a fitting emblem for display, it should 
not be cast aside or used in any way that might be 
viewed as disrespectful to the national colors, but 
should be destroyed as a whole, privately, prefer¬ 
ably by burning or by some other method in har¬ 
mony with the reverence and respect we owe to the 
emblem representing our country. 

CAUTIONS 

1. Do not permit disrespect to be shown to the 
Flag of the United States of America. 

2. Do not dip the Flag of the United States of 
America to any person or any thing. The regimen¬ 
tal colors, state flag, organization or institutional 
flag will render this honor. 

3. Do not display the Flag with the union down 
except as a signal of distress. 

4. Do not place any other flag or pennant above 


OUR FLAG 239 

or, if on the same level, to the right of the Flag of 
the United States of America. 

5. Do not let the Flag touch the ground or the 
floor or trail in the water. 

6. Do not place any object or emblem of any kind 
on or above the Flag of the United States of 
America. 

7. Do not use the Flag as drapery in any form 
whatsoever. Use bunting of blue, white, and red. 

8. Do not fasten the Flag in such manner as will 
permit it to be easily tom. 

9. Do not drape the Flag over the hood, top, sides 
or back of a vehicle, or of a railway train or boat. 
When the Flag is displayed on a motor car, the staff 
should be affixed firmly to the chassis, or clamped 
to the radiator cap. 

10. Do not display the Flag on a float in a parade 
except from the staff. 

11. Do not use the Flag as a covering for a 
ceiling. 

12. Do not carry the Flag flat or horizontally, but 
always aloft and free. 

13. Do not use the Flag as a portion of a costume 
or of an athletic uniform. Do not embroider it on 
cushions or handkerchiefs, or print it on paper nap¬ 
kins or boxes. 

14. Do not put lettering of any kind on the Flag. 

15. Do not use the Flag in any form of advertis¬ 
ing or fasten an advertising sign to a pole from 
which the Flag is flown. 

16. Do not display, use, or store the Flag in such 


240 


THE MARCH OF DEMOCRACY 


Salute 
to the 
Flag. 


Pledge 
to the 
Flag. 


a manner as will permit it to be easily soiled or 
damaged. 


PROPER USE OF BUNTING 

Bunting of blue, white, and red should be used for 
covering a speaker’s desk, draping over the front of 
a platform and for decoration in general. Bunting 
should be arranged with the blue above, the white 
in the middle, and the red below. 

During the ceremony of hoisting or lowering the 
Flag or when the Flag is passing in a parade or in a 
review, all persons present should face the Flag, 
stand at attention, and salute. Those present in 
uniform should render the right hand salute. When 
not in uniform, men should remove the headdress 
with the right hand and hold it at the left shoulder, 
the hand being over the heart. Women should 
salute by placing the right hand over the heart. 
The salute to the Flag in a moving column is ren¬ 
dered at the moment the Flag passes. 

In pledging allegiance to the Flag of the United 
States of America, the approved practice in schools, 
which is suitable also for civilian adults, is as fol¬ 
lows: 

Standing with the right hand over the heart, all 
repeat together the following pledge: 

“I pledge allegiance to the Flag of the United 
States of America and to the Republic for which it 


OUR FLAG 241 

stands; one nation indivisible, with liberty and jus¬ 
tice for all.” 

At the words “to the Flag” the right hand is 
extended, palm upward, toward the Flag, and this 
position is held until the end, when the hand, after 
the words “justice for all,” drops to the side. 

However, civilian adults will always show full 
respect to the Flag when the pledge is being given 
by merely standing at attention, men removing the 
headdress. Persons in uniform should render the 
right hand salute. 

When the national anthem is played and the Flag 
is not displayed, all present should stand and face 
toward the music. Those in uniform should salute 
at the first note of the anthem, retaining this po¬ 
sition until the last note. All others should stand 
at attention, men removing the headdress. When 
the Flag is displayed, the regular “salute to the 
Flag” should be given. 

“The Star Spangled Banner” is recommended for 
universal recognition as the national anthem. 

The shield of the United States of America has 
thirteen vertical stripes—seven white and six red— 
with a blue chief without stars. 

There is but one Federal statute which protects 
the Flag throughout the country from desecration. 
This law provides that a trademark cannot be reg¬ 
istered which consists of or comprises, among other 


Salute to 
National 
Anthem. 


The 

Shield. 


Federal 

Flag 

Laws. 


242 the march of democracy 

things, “the Flag, coat of arms, or other insignia of 
the United States or any simulation thereof’ (33 
Stat. L., p. 725, February 20, 1905). Congress has 
also enacted legislation providing certain penalties 
for the desecration, mutilation, or improper use of 
the Flag in the District of Columbia (39 Stat. L., 
p. 900, February 8, 1917). 


INDEX 


Accused person, rights of, 223, 
224 

Adams, John Quincy, 142 
Admission, to citizenship, 173 
of new states, 215 
Adjournment of Congress, 193, 
211 

Agriculture, Secretary of, 146 
department of, 122, 165 
Air mail service, 199 
Alien and Sedition Act, 163 
Ambassadors, 210 
Amended acts, 72 
Amendments, 110, 111 
Amendments to Constitution, 
by interpretation, 155 
how proposed, 155 
methods of adding, 154, 216 
nineteen summarized, 155 
(See Constitution and amend¬ 
ments by number), 221- 
232 

Appointment, 60, 107 
Apportionment of representa¬ 
tives, 228 

compromise on, 188 
Appropriations, 101, 205 
Arms, right to bear, 221 
Army, 200 

Assembly, General, 63 
Assessment, 100 
Attainder, 204 
Attorney General, 145 
Attorneys, prosecuting, 92 

Bail, 52, 225 
Ballot, election by, 61 
Bank of United States, 163, 
196 

Bankruptcy, 197 


Banks, incorporation of, 102 
branches, 102, 103 
general law, 102 
Beecher, Henry Ward, 151 
Bill in Congress, 133, 195 
Bill of Rights, 155 
Bills, 

revenue, 70 
read and voted, 71 
become laws, 79 
Borrowing power, 196 
Boundaries, state, 106 
Bribery, 59 
Budget system, 205 
Bunting, proper use of, 240 
Burr, Aaron, 213 

Cabinet: 

appointment of, 167 
authority for, 168 
composition of, 143 
customs of, 168 
duties outlined, 143-146 
order of succession in, 147 
relation of, to president, 143 
Capital, national, 202 
Capitol, 3 
Census, 189 

Chisholm vs. Georgia, 152, 226 
Circuit Courts of Appeals, 153 
Citizenship: 
acquisition of, 172 
definition of, 171 
dual character of, 171 
habits of, 23 
in the home, 6 
obligations of, 1, 3 
of women, 173 
rights of, 214 
validity of, 174 


243 


244 


INDEX 


Civil suits, 53 
Clark, George Rogers, 28 
Clerk of supreme court, 91 
Coinage system, 198 
Colonies, remonstrances of, 183 
Commander-in-chief, 209 
Commerce clause, 197 
Commerce regulation, 197 
Commerce, Secretary of, 146 
Commissions, 109 
Committee on Foreign Rela¬ 
tions, 210 

Committee system, 139 
Compensation, 54 
Congress: 

adjournment of, 193 
compensation of members in, 
194 

customs of, 168 
journal of proceedings in, 
194 

organization of, 131, 192 
other offices prohibited, 194 
powers of: 

forbidden, 132, 196, 203 
in Constitution, 187 
summarized, 131 
where vested, 196 
procedure in, 193 
quorum of, 193 
time of meeting, 192 
Congressional record, 193 
Conservation, 
life, 119 
property, 120 
resources, 120 
health, 121 
Constitution: 
amendments of, 220-232 
elasticity of, 165 
periods of growth, 24 
unwritten, 159-169 
Constitution of Indiana (1816), 
36 

Constitution of 1851, 42, 45 
Conwell, Russel H., 8 
Copyright laws, 199 
Corydon, 38 
Counterfeiting, 198 
County boards, 87 


County officers, 85, 88 
Court of claims, 153, 226 
Court of Customs Appeals, 154 
Courts, 50 
circuit, 92 
of conciliation, 94 
Criminal prosecution, 94 
Custom: 

development by, 167 
in government, 168-9 
Customs duties, 196, 204 

Debt, municipal, 106 
Debt, public, 218 
Decisions in writing, 90 
Declaration of Independence: 
real declaration, 185 
signatures, 186 
text of, 180-185 
Declaration of intention, 172 
Defaulter, status of, 60 
Democracy defined, 205 
Diamonds, acres of, 8 
Direct taxes, 204 
Disfranchisement, 59 
Districts courts, 153 
District of Columbia, 202 
Doctrine of public policy, 166 
Draft law, 200 
Duel, challenge to, 59 
Duties (taxes), 196 

Educational opportunities, 127- 
130 

Education, place in govern¬ 
ment, 22 
Efficiency, 124 

Eighteenth amendment, 231 
Elastic clause, 159, 203 
Elections, 61 
Congressional, 192 
Contested, 77 
(see President) 

Electoral College, 141, 207 
Electors, 140, 188, 206, 208 
Emigration, 57 
Eminent domain, 224 
Equality in elections, 58 
Equal privileges, 55 
Excises, 196 


INDEX 245 


Executive department, 140, 206 
(see President) 

Exports, 204 
Ex post facto, 55 
Ex post facto laws, 204 
Extradition, 215 

Federalist, 165 
Federal reserve, 196 
Felony, 200 

Financial legislation, 164 
Financial statement, 101 
Fines, 52 

5-5-3 agreement, 201 
Flag: 

cautions, 238-240 
code, 234-238 
description of, 233 
pledge to, 240 
respect for, 17, 19 
salute to, 240 
Food productions act, 232 
Freedom of religion, 47, 48 
Freedom of speech and press, 
49, 221 

Freedom of thought, 47 
Fugitive slaves, 215 
Funds: 
school, 96, 97 
trust, 98, 104 

collection, and expenditures, 

116 

Gallatin, Albert, 162 
Government, 

reasons for establishing, 180 
Government, departments of, 
62 

Governor, 76 
Commander-in-Chief, 79 
message of, 79 
salary of, 83 
eligibility of, 83 
aids, 105 
Grand jury, 194 
Great seal, 214 
Grounds, public, 109 

Habeas Corpus, 55, 203 
Hafed, Ali, 8, 9 


Hamilton, Alexander, 163, 165, 
196, 218 

Harrison, William Henry, 33 
mansion, 36 

Health, conservation of, 4, 5 
Highway act, 199 
Highways, 123 
House of Representatives, 
apportionment of members, 
228 

composition of, 135, 188 
election of president in, 139 
exclusive powers of, 139 
number in, 137 
officers of, 138, 189 
qualifications of members, 
135, 188 

revenue bills, 194 
vacancies, 189 
Hutchins, Thomas, 31 

Impeachment, 88 
and trials, 140, 191 
Implied powers, supreme court, 
163 

Imposts, 196 

Imprisonment for debt, 54 
Income taxes, 152, 204, 230 
Inferior courts, 153, 199 
Indiana, 

claimed by the French, 28 
territory in 1800, 32 
a state (1816), 35 
reports, 91 
Indianapolis, 38 
Institutions, 
benevolent, 99 
houses of refuge, 99 
county homes, 99 
Insurgent movement, 193 
Interest, 104 

Interpretation, basic principles 
of, supreme court, 161 
restricting power of, 165 
Interior, Secretary of, 146 
Interstate Commerce law, 162 
Inventions, 199 

Jefferson, Thomas, 142 
Jennings, Jonathan, 37 


246 INDEX 


Johnson, President, impeached, 
191 

Journal of Proceedings, 69 
Judges, 92 
removal of, 93 
pay of, 93 
officers, 93 

Judicial department, 212 
function of, 151, 212 
jurisdiction of, 151, 212 
limited influence of, 166, 213 
(see Supreme Court) 

Judicial powers, 89 
Judicial districts, 90 
Jurisdiction, 90, 107 
Jury, rights of, 53 
Jury service a duty, 15 
Jury, trial by, 224 

Kaskaskia, 29 
Koszta case, 174 

Labor, Secretary of, 146 
Laws: 

enforcement of, 11, 12 
process of enacting, 133, 194, 
195 

respect for, 9, 10 
Laws not to be passed, 72 
general, 73 
public, 74 

Lawyers’ qualifications, 95 
Legislative powers, 187 
Legislative Reference Bureau, 
125 
Libel, 49 

Liberty loans, 196 
Library, State, 125, 126 
Lieutenant Governor, 76 
duties of, 82 
salary of, 83 

“Life, liberty or property,” 223 
Lotteries, 109 

Louisiana purchase case, 162 

Macaulay, 8 
Majority, 74 

Marque and reprisal, letters of, 
200 

Marshall, John, 159 


Mayflower Compact, 178 
Measures standardized, 198 
Members ineligible, 75 
Messages, presidential, 211 
Military powers, 56, 200 
Militia, 105, 202 
Money, coinage of, 198 

National: 
anthem, 241 
banks, 163, 196 
courts, 151-154 
defense act, 201 
party conventions, 168 
Natural Rights, 45 
Naturalization, 172, 197 
of women, 173 
validity of, 174 
Navy, 201 
Secretary of, 145 
Necessary and proper clause, 
163 

Negro, a citizen and voter, 230 
(see Slaves) 

Non-resident soldiers, 58 
Number, 63 

Oath, 48 

Constitutional, of public offi¬ 
cials, 219, 229 
of allegiance, 170 
of office, 108 
presidential, 142, 209 
Officers, 67 
county, 85 
township, 87 
state, 88 
residence of, 88 
impeachment of, 88 
Opinions: 
public, 167 

supreme court, 160-164 
Ordinance of 1784, 31 
Organization, social, 126 
Original jurisdiction, 151 

Paper money, 198 
Pardon, 210 
Pardoning power, 81 
Patents, 199 


INDEX 


247 


Pershing, General, 201 

Personal security, 50 

Petition of naturalization, 172 

Piracies, 199 

Pocket veto, 195 

Politics, 13, 14 

Poll tax, 204 

Pollock vs. Farmers’ Loan, 
152 

Post offices, 199 
Postmaster General, 145 
Powers not delegated, 225 
Preamble, 45, 180, 187 
President: 
appointment of, 210 
compensation of, 209 
customs regarding, 167 
duties of, 142 

election of, by College, 140, 
206, 208 

election of, by House, 139, 
228 

executive, powers of, 142 
impeachment of, 140 
judicial powers of, 209 
legislative powers of, 142 
method of election, 226-227 
military powers of, 209 
oath of office of, 209 
power over legislation, 204 
powers of, 209 
relation of, to cabinet, 143 
succession, 147, 208 
term and qualifications of, 
140, 206, 208 

treaty-making power of, 210 
President of Senate, 78 
Privilege, loss of, 229 
Privileges of Congressmen, 194 
Prohibition, 231 
Prohibitions upon states, 132, 
197, 205 

Prosecuting attorneys, 92 
Protests, 74 
Public debt, 100, 229 
Public grounds, 109 
Public lands, 216 
Public Land Surveys, 30 
Public laws, 74 
Public policy, 166 


Public service, habit of, 15 
Publication of Statutes, 74 
Punishments, 52, 53 
for disorderly, 70 
Punishment, unusual, forbidden, 
125 

Qualifications of Voters, 58 
of governor, 77, 78 
Quartering of soldiers, 57, 123 
Quorum, 68 

Quorum, congressional, 193 

Railroad Labor Board, 162, 197 
Ratification, 
vote by states, 219 
Recess appointments, 82, 211 
Reformation, 53 
Religious liberty, 221 
Religious test, 219 
Remonstrances of the colonies, 
184 

Representation in Congress: 
ratio, in house, 137, 188 
ratio, in senate, 133, 189, 231 
Reprieve, 210 

Republican government guaran¬ 
teed, 216 

Revenue bills, 70, 194 
Revision of laws, 95 
Riders, 195 
Rights, 

to bear arms, 56 
to assemble, etc., 56 
natural, 45 
to worship, 46 
Rights, civil: 
accused persons, 223, 224 
assembly and petition, 221 
in criminal cases, 225 
in home, 223 
of citizens, 228 
others permitted, 225 
political, 230, 232 
religious, 221 
speech and press, 221 
Rights of accused, 51, 52 
Rights of men, 180 
Roosevelt, Theodore, 13 
Rural free delivery, 199 


248 


INDEX 


Schedule, 111 
Schools, common, 95 
fund, 96, 97 
Seal, 108 

Search or seizure, 50 
Search, right of, 223 
Secretary, 83 
Senate: 

classification of, 190 
filling vacancies in, 231 
impeachment, 191 
membership in, 133, 189 
officers of, 133, 190 
popular election of, 191 
powers of, 134 

qualifications of members of, 
134, 190 
term of, 190 
Sessions, 67 
Congressional, 131 
Sherman Act, 177 
Shield, 241 

Signatures, Declaration of In¬ 
dependence, 186 
Slavery prohibited, 57 
Slaves, abolished, 228 
Soldiers’ residence, 59 
Speaker, of the House, 138, 189 
States: 

admission of new, 215 
exemption from suit, 225 
limited by supreme court, 164 
militia of, 202 

prohibitions on, 132, 197, 205 
rights under, 214 
State, Secretary of, 143, 175 
Succession, presidential, 147 
Suffrage, 188, 192 
Negro, 240 
woman, 232 

Suits against the state, 73 
Supreme Court, 90 
cases in, 161 
clerk of, 91 
established, 151 
implied powers of, 163 
inferior courts of, 152 
jurisdiction of, 151 
limiting states, 164 
organization of, 153 


Supreme Court —Continued 
precedents of, 161-164 
procedure in, 152 
restraining powers of, 165 
(see Unwritten constitution) 
Supreme law of the land, 132, 
197, 205, 218 

Superintendent of Public In¬ 
struction, 98 
Suspension of Laws, 55 

Taxation, 100, 196, 197 
Term: 

in house, 135 
judicial, 151 
presidential, 140 
senatorial, 133 
Term of office, 64 
Territorial and district courts, 
154 

Territorial growth, 34 
Territories, 214 
Three-fifths compromise, 189 
Tippecanoe, 110 
Titles of nobility, 57, 205 
Township officers, 87 
Trade marks, 199 
Transportation Act, 197, 199 
Treason, 56, 213 
Treasurer, 83 
Treasury, 205 
Secretary of, 145 
Treaties, 210 
Trials, jury, 213 

Union, causes favoring, in colo¬ 
nies, 161 

Unjust acts of the king, 181 
Unwritten constitution: 
by court interpretation, 160 
examples of development, 
161-164 

how developed, 159 

Vacancies, 211 
Veto, 195, 196 
Vice President: 
duties of, 142, 190 
election of, by senate, 142 


INDEX 


249 


Vice President —Continued 
impeachment of, 140 
qualifications of, 143 
Vincennes, 29, 33 
first capital, 38 
Virginia’s cession, 29 
Vocational outlook, 7, 8, 9 
Volunteer army, 200 
Voters, 61, 64, 188, 192 
apportionment, 65 
qualifications, 66 
Voting obligations, 15 
Voting per cents, 13, 14 


Wabash and Erie Canal, 102 
War, power to declare, 200 
Secretary of, 145 
Washington arms conference, 
201 , 210 

Washington, D.C., capital, 193, 
202 

Washington, George, 164 
Webster, Daniel, 16, 17 
Weights and measures, 198 
Wilson, Woodrow, quoted, 168 
Woman suffrage, 232 
Wording an act, 72 












































































































































































































































































































































































































































































































































































































































